Terms of Use

Last Updated: April 28, 2012

The LSL®/APG Terms of Use, as supplemented by the terms below, and its Privacy Policy govern your use of LSL®/APG and the LSL®/APG website (the “Terms”).

Legal Terms of Use.

We offer you the services of Love Shopping List® (LSL®) developed by AppPowerGroup Inc.(APG) on the condition that you agree to the following terms.

Acceptance.

The following legal terms and conditions govern your use of the application. By submitting a query and by your affirmative act of installing and/or using Love Shopping List® (“LSL®”) or APG’s websites (Materials), you signify that you agree electronically to the following terms, conditions, and notices contained or referenced herein (The “Terms”). You are also signifying your agreement to the Supplemental Terms and Privacy Disclosures for LSL®/APG, and to resolve any disputes with us in the state of California.

Please review these Terms carefully. If you do not agree to these Terms please do not submit a query or use the Materials. You may not use the Materials if you do not agree to these Terms.

We reserve the right, at our discretion, to update or revise these Terms at any time. Please check the Terms periodically for changes. Your continued use of the Materials following the posting of any changes to the Terms constitutes acceptance of those changes.

Electronic Delivery Policy and Your Consent

By using the Materials, you consent to receive from LSL®/APG all communications, including notices, agreements, legally required disclosures or other information in connection with the Materials (collectively, “Notices”) electronically. LSL®/APG shall provide such electronic Notices by posting them on this website. You understand and agree that LSL® is a mobile application and transacts with users like you in electronic form only. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Materials.

Supplemental Terms for Apple® iPhone®, iPod touch® and iPad® Devices.

These terms supplement and are in addition to the Terms for users who install LSL® on iPhone, iPod touch and iPad devices provided by Apple, Inc. (“Apple”).

a. Provided that you comply with the terms of the Terms, we grant you a personal, limited, non-exclusive and non-transferable license to install and use LSL® on your authorized computing devices for personal and internal business purposes and subject to the Usage Rules set forth in Apple’s App Store Terms of Service. This license does not entitle you to receive from us hard-copy documentation, support, or telephone assistance for LSL®.

b. You agree that any purchases of applications through the Apple iTunes App Store will be governed by the iTunes Store Terms of Sale, which you can review at http://www.apple.com/legal/itunes/us/sales.html.

c. You understand and agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding LSL®.

d. Apple shall not be responsible for any claims by you or any third party relating to your possession and/or use of LSL®, including but not limited to (i) product liability claims, (ii) any claim that LSL® fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection laws or similar legislation, and (iv) claims by any third party that LSL® or your possession and use of the Software infringes the intellectual property rights of the third party.

e. You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.

f. You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

Proprietary Rights

You acknowledge and agree that the Materials are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. For example, LSL®/APG owns a copyright in the selection, organization, arrangement and enhancement of the Materials, as well as in the Materials original to itself. Third parties whose materials appear own the copyright in the materials original to them. The look and feel of the Materials, including our color combinations, button shapes, and other graphical elements, are LSL®/APG trademarks. No portion of the Materials or the data contained in the Materials may be reproduced in whole or in part unless expressly authorized by LSL®/APG in writing.

The LSL®/APG names and logos, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of LSL®/APG. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any LSL®/APG or third party trademarks or logos without the prior written consent of LSL®/APG or the applicable trademark owner.

License to and Limitations on Use of Comparison Charts and Information

Provided you comply with these Terms of Use, LSL®/APG grants you a nonexclusive, non-transferable license to view and print the Materials solely for your own personal non-commercial use. You may share a comparison with another individual for that individual’s personal non-commercial use using a social media option. You may not commercially exploit the Materials or the underlying data, including without limitation, you may not create derivative works of the Materials, use any data mining, robots, or similar data gathering and extraction tools on the Materials, frame any portion of the Materials, or reprint, copy, modify, translate, port, publish, sublicense, assign, transfer, sell, or otherwise distribute the Materials without the prior written consent of LSL®/APG. You shall not derive or attempt to derive the source code or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means. You shall not use the Materials to operate a service bureau or for any other use involving the processing of data of others. You shall use the Materials and this website for legal purposes only and shall not use them in any manner that violates the laws of any jurisdiction. You do not receive any, and LSL®/APG and its licensors retain all, ownership rights in the Materials. You may not alter or remove any copyright notice, trademark notice, or proprietary legend contained in or on the Materials. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent, or other intellectual property right of LSL®/APG or any third party, except for the right of use license expressly set forth herein.

To the extent you are authorized to access, display or otherwise use any Materials outside of any LSL®/APG websites, you may not use such Materials with other content or in a manner that:is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts;victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;impersonates any person, business or entity, including LSL®/APG, its affiliated companies, and its and their employees and agents;encourages conduct that would constitute a criminal offense or that gives rise to civil liability;removes, alters, reproduces, distorts, or in any way obstructs any trademark, logo, copyright, or other proprietary notices, legends, symbols or labels provided as part of the Materials or;uses the Materials or for any purpose other than as expressly permitted;interferes or disrupts the LSL®/APG servers or networks, or disobeys any network access or security requirements, policies, procedures or regulations of LSL®/APG;interferes with the rights of others to use the Materials;uses the Materials as a means to engage in conduct that reflects poorly upon, disparages, or devalues LSL®/APG ‘s reputation or goodwill, as determined in LSL®/APG’s sole discretion; or uses the Materials in conjunction with adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.

Posting Content.

You may only post information, text, graphics, photos, audio and video and other data (collectively, “Content”) on or through the services of LSL®/APG that you created or which you have been given permission to post by the owner. The Content may not violate the rights of others, applicable law, or these Terms of Use. Although you or the owner of the Content retain ownership of all right, title, and interest in content that you post on or through the services of LSL®/APG, LSL®/APG will own all right, title, and interest in any compilation, collective work or other derivative work created by LSL®/APG or an affiliate using or incorporating this Content. In addition, by posting content on or through the services of LSL®/APG, you grant LSL®/APG and their parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, promote, and syndicate this Content in any medium. You are solely responsible for the Content you upload or otherwise provide. You are solely responsible for the consequences of sharing or publishing such Content with others and/or making such content available to publicly available areas of the services of LSL®/APG, including without limitation, disclosing your location to others. You acknowledge and agree that LSL®/APG are not responsible for any contact or interaction that occurs between you and any person or the confidentiality of any content or interaction you have with others. LSL®/APG shall not be responsible for any content that you post. The entire risk of posting content falls on you. You further agree that LSL®/APG may, without limitation and for no compensation to you, use in any manner all comments, suggestions, complaints and other feedback you provide relating to LSL®/APG or the Materials.

Disclaimer and Limitation of Warranties.

The Materials are provided on an “as is” and “as available” basis including but not limited to quality, performance, merchantability, or fitness for a particular purpose or non-infringement. LSL®/APG, their licensors and other suppliers disclaim all warranties, whether express or implied, including the warranties that the Materials are free of defects, virus free, and able to operate on an uninterrupted basis, that they will meet your requirements, or that errors will be corrected, and the implied warranties that the Materials are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing, unless such implied warranties are legally incapable of exclusion. No advice or information given by any third party, its affiliates or their respective employees or authorized agents shall create a warranty or expand the scope of any warranty that cannot be disclaimed under applicable law. Your use of the Materials is solely at your own risk.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Your use of the Materials is at YOUR OWN RISK and LSL®/APG is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Materials. Your use of the Materials is at your sole risk and is not a substitute for professional assistance. Ratings of relationships are informational only. LSL®/APG make no warranties on the content of the information. You assume all risk of use. The Materials use proprietary algorithms to establish relationship rankings.

LSL®/APG have the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Materials, including, but not limited to, the software. LSL®/APG have no obligation to provide you with notice of any such changes.

Disclaimer and Limitation of Liability.

Under no circumstances shall LSL®/APG, their parent, affiliates, directors, employees, distributors, suppliers, licensors, agents or resellers (collectively, the “LSL®/APG group”) be liable in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the information; or for any loss of profit, revenue, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of your use of or inability to use this information, any defect in the information, or the breach of these terms or conditions, whether in an action in contract or tort or based on a warranty, even if LSL®/APG or its licensors have been advised of the possibility of such damages for any indirect, special, incidental, consequential, or exemplary damages that result from the use of, misuse of, inability to use, or reliance upon the materials, including, without limitation, damages for loss of use, data, business opportunities, savings or profits. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the LSL®/APG group has been advised of the possibility of such damage. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

Some states, territories or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. LSL®/APG group’s liability in such jurisdictions shall be limited to the maximum extent permitted by law.

Additionally, under no circumstances shall the LSL®/APG group be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on or through any sites linked to or from this website.

Without limiting the foregoing, under no circumstances shall the LSL®/APG Group be held liable for any conflicts with another individual, individuals, or entity.

Indemnification.

You agree to defend, indemnify, and hold free and harmless the LSL®/APG Group and their licensors (including but not limited to their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) from all liabilities, claims, and expenses, loss, injury (including injuries resulting in death), demand, action, cost, expense, lost profits, lost opportunity, loss of data, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with any use or possession by you of this information that arise from your violation of these Terms of Use or your use or misuse of the Materials. LSL®/APG reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with LSL®/APG in asserting any available defenses.

Termination.

LSL®/APG reserves the right, in its sole discretion, to terminate your access to the Materials or to all or part of the Materials, with or without notice.

Supplemental Terms and Privacy Disclosures for LSL®/APG.

In addition to the Privacy Policy found here privacy policy, LSL®/APG may offer a variety of mobile and wireless applications. By using LSL®/APG Services, you agree that the following terms and disclosures apply to you in addition to the Terms of Use and Privacy Policy (with these additional terms and disclosures taking precedence over any conflicts among the documents).

Export Control.

You agree not to export from anywhere any part of the information provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.

Disclaimer of Endorsement.

Reference herein or in the Materials to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by LSL®/APG. Product and service information are the sole responsibility of each individual vendor.

Entire Agreement, Severability and Integration.

These Terms of Use constitute the entire agreement between you and LSL®/APG (and its licensors, including their licensors and suppliers) with respect to the Materials and pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between you and LSL®/APG with respect to such subject matter. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice Of Law And Forum.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods and without excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Materials and shall be initiated and maintained only in the state courts located in Los Angeles County, California (USA) or the federal court located in Los Angeles, California, USA, and you further agree and submit to the exercise of personal jurisdiction and venue of such courts for the purpose of litigating any and all disputes, claims and actions arising from or in connection with the information provided to you here under. Any action by you against LSL®/APG or the LSL®/APG Group hereunder shall be brought within one (1) year after the claim arose, or be barred.

APPPOWERGROUP INC. AND LOVE SHOPPING LIST® PRIVACY POLICY

Thank you for using Love Shopping List® (LSL®) developed by AppPowerGroup Inc.(APG).

This Policy explains the information practices that apply to your LSL® information, as well as the choices you can make about the ways this information is used by LSL® and APG.

This Privacy Policy applies only to information LSL®/APG collects about you as a user of LSL®. This policy does not apply to information about you collected by LSL®/APG’s affiliated providers, or third party web sites and offerings linked to or otherwise accessible from LSL®. The information collected or received by LSL®/APG’s affiliated providers and these third parties is subject to their own privacy policies.

Collection of your LSL® Information

Your LSL® information consists of personally identifiable information and non-personally identifiable information collected or received about you when you interact with the LSL®/APG apps, web sites, social networks, services and offerings. Depending on how you use LSL®, your LSL® information may include:Registration related information (such as name, home or work addresses, e-mail addresses, telephone numbers, birth date, gender, Internet (IP) Protocol addresses.

Information about your visits to LSL®/APG apps, web sites, social networks, and your responses to the offerings and advertisements presented on these apps, web sites, and social networks.

Information about LSL®/APG services or offerings that you use, and how frequently you use them;Other information specifically related to your use of LSL®.

Non-personal information not directly associated with any individual such as genders, characteristics, languages, zip codes, unique device identifiers, Time Zones and Countries where used, and any aggregated data.

Your LSL®/APG non-personal information may also include certain technical information such as browser type and language, Internet service provider (ISP), referring and exit pages, device information, mobile network information, operating system, and date/time stamp gathered or received when you use the LSL®/APG apps, web sites, and social networks.

Your LSL®/APG information may be collected and stored in the United States.

How Your LSL®/APG information is Used

Your LSL®/APG information is used:

To operate and improve the apps, web sites, social networks, services and offerings available through LSL®/APG;

To fulfill your requests for products, apps, programs, and services;

To communicate with you (e.g. updates) and respond to your enquiries;

To conduct research about your use of LSL®; and

To help offer you other products, apps, programs, or services that may be of interest.

Your LSL®/APG personal information may not be shared without your permission.

Your LSL®/APG information will not be shared with third parties unless it is necessary to fulfill a transaction you have requested, in other circumstances in which you have consented to the sharing of LSL®/APG information, or except as described in this Privacy Policy. LSL®/APG may use your LSL® information to present offers to you on behalf of business partners and advertisers. These business partners and advertisers receive aggregate data about groups of LSL® users, but do not receive information that personally identifies you.

The contents of your online communications, as well as other information about you as an LSL® user, may be accessed and disclosed in response to legal process (for example, a court order, search warrant or subpoena); if we determine that for purposes of national security, law enforcement, or other issues of public importance disclosure is necessary and appropriate; in other circumstances in which LSL®/APG believes LSL® is being used in the commission of a crime; when we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person; or when necessary either to protect the rights or property of LSL®/APG, LSL®/APG or its affiliated providers, or for us to render the services you have requested.

From time to time we may use your LSL®/APG information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. You may not opt out of receiving these communications due to their importance relating to your interaction with LSL®/APG.

In the event that ownership of LSL®/APG were to change as a result of a merger, acquisition or asset sale to another company, your LSL®/APG information may be transferred to the relevant third party.

Cookies and Web Beacons

LSL®/APG and the LSL®/APG Websites may use cookies, web beacons, pixel tags or similar technologies in combination with your LSL®/APG information to enhance and personalize your experience with LSL®, including to operate and improve offerings through LSL®/APG; to help authenticate you when you use the LSL®/APG apps, web sites, and social networks; to remember your preferences and registration information; to enable a shopping cart; to present and help measure and research the effectiveness of LSL®/APG offerings, advertisements, and e-mail communications (by determining which e-mails you open and act upon); and to customize the content and advertisements provided to you through LSL®/APG.

LSL®/APG and its advertisers may also use ad network providers and other 3rd party service providers to help present customized content and advertisements on the LSL®APG apps, web sites, and social networks. These providers use cookies, web beacons, or similar technologies to help present, better target, and measure the effectiveness of their content and advertisements, using data gathered over time and across their networks of Web pages to determine or predict the characteristics and preferences of their audience. LSL®/APG may share certain non-personally identifiable information about you (such as user age and zip code) with certain ad network and service providers to help them deliver more relevant content and advertisements through their networks. The use of cookies, web beacons, or similar technologies is subject to 3rd party privacy policies, not LSL®/APG ‘s.

User Public Disclosures

If you use LSL®/APG communications tools to disclose information about yourself publicly (for example, in chat rooms, forums, social networking services, or online message boards made available by LSL®/APG), other online users may obtain access to any information you provide. In addition, search engines may index information shared publicly. You are responsible for the personal information you choose to submit to these public services.

Our Commitment to Security

LSL®/APG encrypts the transfer of data using SSL (Secure Sockets Layer).

LSL®/APG have established safeguards to help prevent unauthorized access to or misuse of LSL® data, but cannot guarantee that your personally identifiable information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, as a result of unauthorized acts by third parties that violate applicable law or the policies of the Network and its affiliated providers or by your device being stolen).

LSL®/APG may use agents and contractors in order to help operate its apps, web sites, and social networks. If such agents and contractors have access to personally identifiable information, they are required to protect this information in a manner that is consistent with this Privacy Policy by, for example, not using the information for any purpose other than to carry out the services they are performing for LSL®.

Children

Usage of the LSL®/APG apps, web sites, social networks, services and offerings is intended for individuals who are 14 years of age or older.

APG does not knowingly collect information from individuals under the age of 14. If we learn that we have collected information from an individual under the age of 14, APG will take steps to delete such information as soon as possible.

How to Contact Us

If you have any questions or concerns about the LSL®/APG Privacy Policy or its implementation, you may contact us at: privacy@apppowergroup.com

Changes to this Privacy Policy and Additional Information

LSL®/APG may update their Privacy Policies from time to time, and so you should review these Policies periodically. If there are significant changes to the LSL®/APG information practices, you will be provided with appropriate online notice. You may be provided other privacy related information in connection with your use of offerings from LSL®/APG, as well as for special features and services not described in this Policy that may be introduced in the future.

FREQUENTLY ASKED QUESTIONS (FAQ’S)

Love Shopping List® – The Relationship App™

Question: How is LSL different than a dating service or dating site?

Answer: Love Shopping List® makes Cupid’s work easier. It allows you to Unlock the Secret to Your Soulmate™. It allows you to create a completely unique “shopping list” with which to evaluate your relationships. Therefore, everyone’s list is personalized. You are in complete control in determining what you really want. No person or computer is matching you with anyone.

Question: Why do I need to choose all fifteen characteristics?

Answer: Fifteen was found to be thorough enough to produce highly reliable results, but was not too many so that the task was overwhelming. You will need all fifteen in order to score the individual, but you don’t need to classify them all at once. As you learn more about the person, you can go back and evaluate him/her for that particular characteristic.

Question: How do I protect my information?

Answer: We suggest you Enable LSL® Passcode in the “Settings” to protect your information. Although we strongly suggest you do so, you may opt not to. You can always decide to implement a password later or change your password at any time. Your account information is safely backed up in the Cloud.

Question: Can I access my social media connections without leaving the app?

Answer: LSL® has been designed to make it easy to access your social media connections from within the program. You can go to a number of connections with a simple tap of your finger.

Question: Can I use or copy a friend’s list?

Answer: No matter how close you are with someone else, your list will probably be different. Using another person’s list would be like sending a friend to try on a pair of shoes for you in a store. It will never be an exact match until you do it yourself. Your friends may have great ideas you would like to incorporate into your list, and that is why you can change your Love Shopping List® at any time.

Question: What if I don’t know the person well enough to determine if they have one of the characteristics I want?

Answer: You will be able to compare them to your list as soon as you have complete information.

Question: What if I change my mind about the characteristics that are important to me?

Answer: We actually encourage people to continue to review their list of characteristics and the priority of the list. The more thought you put into the program, the more beneficial it will be to you. You can change some or all of your desired characteristics and the list priority at any time and numerous times. Obviously, each person on your list will have to be rescored based on your new criteria, but LSL® will do that for you. Because relationships are such an integral part of being happy, we urge all users to give a lot of thought to the process.

Question: What if I am not in a regular or traditional relationship?

Answer: Love Shopping List® will work in evaluating any relationship. Relationships are between people, and the system does not distinguish by race, creed, color, sex, sexual preference, or any other basis. Those choices are yours and yours alone. That is the reason for carefully choosing the characteristics you really want.

Question: What if I still need help deciding about my relationship?

Answer: LSL® has been created as entertainment to assist you in gathering information about your relationships. If you are still having difficulty deciding, it is best to seek advice from a qualified health care professional. LSL® should not be used as a replacement for relationship counseling or couples therapy. You should consult your health care provider if you believe you have or suspect you may have a serious relationship problem. LSL® encourages you to make your own decisions. LSL® should not be used to make any type of diagnosis or healthcare recommendation either about you or another person.