Legal

Terms of Use

By accessing the Luv or Pop site or app, you agree to these Terms of Use. The summaries below follow the structure of our full Terms; please refer to the definitive legal copy for exact wording.

Article I. Cancellation Right

Users with paid subscriptions may cancel without penalty within three business days of subscribing. Those who subscribed through Apple or Google must cancel through those services. Other users should contact customersuccess@luvorpop.com or mail a signed cancellation notice to: Daballoon Entertainment LLC, 9219 W Sells Dr, Phoenix, AZ 85037.

California residents may file complaints with the California Department of Consumer Affairs at Consumer Information Division, 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or (800) 952-5210.

Article II. Binding Agreement and Modifications

By accessing the Site or App, users agree to these Terms of Use. The company reserves the right to modify these terms at any time, with changes effective upon posting.

Article III. Eligibility

Users must meet all eligibility requirements, including being at least 18 years old, legally permitted to use the service, and not subject to U.S. government embargoes. Individuals with certain criminal convictions or sex offender registrations are prohibited. Users must maintain only one account, and previously terminated accounts cannot be recreated without express written permission. The company may terminate accounts without warning if eligibility requirements are violated or continued use poses potential harm.

Article IV. Your Obligations

Users agree not to:

Reverse engineer, disassemble, or create derivative works
Distribute, license, or sell the Site, App, or Services
Use the platform for unauthorized commercial purposes or spam
Interfere with proper functioning or security measures
Create unauthorized programs interacting with the platform
Use automated scripts to collect information
Impersonate others or misrepresent identity
Intimidate, harass, or promote explicit or discriminatory content
Access another's account without authorization
Upload malicious files or viruses
Disseminate spam, chain letters, or pyramid schemes
Disclose private information of third parties
Upload infringing, defamatory, offensive, or harmful material
Post content encouraging criminal activity or self-harm
Share threatening, racist, or discriminatory material
Provide professional advice without proper qualifications

All use must comply with our Community Guidelines.

Article V. Content

A. Our Content

The platform owns or licenses all content except user-generated material. Users receive a "non-exclusive, limited, non-transferable, non-sublicensable, revocable" license for personal, non-commercial use only. The company disclaims accuracy or completeness of any content and may terminate this license anytime. Users access third-party content at their own risk and should not rely on platform information without professional advice.

B. Your Content

Users own their content but grant the platform rights to use it. Users bear sole responsibility for their posts and must indemnify the company from claims. Profile information must be accurate and relevant; personal contact, banking, or payment details are prohibited. Profiles are visible worldwide. By uploading content, users represent they hold necessary rights and automatically license the company to use their material for the platform and related business purposes. The company may monitor, review, remove, delete, edit, or block user content anytime without obligation to display or explain decisions.

Article VI. Privacy

For privacy details, visit our Privacy Policy. Users may delete accounts and remove information through platform procedures.

Article VII. Linked Sites

The platform hosts links to external sites operated under separate terms. The company accepts no responsibility for linked content. Users access these at their own risk. The company welcomes links to its platform provided they don't imply sponsorship or endorsement. Users cannot use the company's logos, trademarks, or materials without written consent, nor frame or incorporate platform content into other websites or apps without permission.

Article VIII. Indemnity

Users agree to indemnify and hold harmless the company, its officers, directors, employees, agents, and affiliates from third-party claims arising from user violations of these terms or posted material.

Article IX. Disclaimer

"THE MATERIALS IN THE SITE AND APP ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED." The company disclaims all warranties including merchantability and fitness for specific purposes. Functions may be interrupted, contain errors, or include harmful components. The company makes no representations about accuracy, reliability, or results from platform use. Users assume all service costs. The company bears no responsibility for user-provided material or opinions, nor for resulting damages or liability.

Article X. Limitation of Liability

"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER" including lost profits, data corruption, or service interruptions, even if the company was aware of potential damages. Aggregate liability is capped at the amount users paid or $100, whichever is less. The company bears no liability for user conduct, including bodily injury, emotional distress, or fraud by other users. Users assume all risks.

Article XI. Jurisdictional Issues

The platform operates from California and is governed by California law. Users outside the U.S. must verify local legality. The company makes no representation regarding international availability or appropriateness.

Article XII. Copyrights and Copyright Agent

The company enforces copyright policies and may terminate infringing accounts. Copyright complaints require:

Authorized person's signature
Identification of the copyrighted work
Description of infringing material and its location
Contact information for the complaining party
Good-faith belief statement
Accurate information statement under penalty of perjury

Send copyright inquiries to customersuccess@luvorpop.com.

Article XIII. Dispute Resolution

All disputes are resolved through binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA), replacing court proceedings and jury trials. "Arbitration replaces the right to go to court."

Pre-Arbitration Dispute Resolution

Users must first notify the company in writing at Daballoon Entertainment LLC, 9219 W Sells Dr, Phoenix, AZ 85037, including name, address, phone, email, dispute description, requested relief, and signature. The company has 45 days to resolve. If unresolved, arbitration may proceed. The company similarly provides written notice; if unresolved after 45 days, it may pursue arbitration.

Arbitration Procedures

The AAA administers arbitration using Consumer Rules for claims under $75,000 USD and Commercial Rules for higher amounts. Class actions are prohibited except in Mass Filing situations. The Federal Arbitration Act governs arbitrability; California substantive law applies.

Arbitration Award

Arbitrators may award available relief but only to parties involved. Awards are final and binding, with limited appellate rights, and may be enforced in court.

Location of Arbitration

Hearings occur in Los Angeles, California, or another mutually agreed location. Parties may appear by teleconference.

Payment of Arbitration Fees and Costs

The initiating party pays filing fees per provider rules. Other costs follow provider rules unless claims are frivolous. Frivolous claimants reimburse respondents for fees. Fee waivers may apply under provider rules or law. Users meeting in forma pauperis standards who cannot obtain waivers receive fee payment from the company.

Class Action Waiver

"The parties agree that the arbitrator may not consolidate more than one person's claims" or preside over class or representative proceedings except as permitted under Mass Filing provisions. Users cannot participate in class actions.

Limitation of Procedural Rights

Users waive court trial rights, jury trials, and class action participation. Arbitration offers limited discovery and appellate rights compared to court proceedings.

Severability

Illegal clauses are severed except the Class Action Waiver and Mass Filing provisions, which if unenforceable, render the entire arbitration agreement void, allowing court resolution.

Continuation

This arbitration agreement survives contract termination and platform use cessation.

Mass Filing

When 25+ similar arbitration demands arise within 60 days from same or coordinated counsel, Mass Filing protocols apply.

Bellwether Arbitrations: Ten claims (five per side) proceed as "Initial Test Cases"; others remain in abeyance without filing fees. Non-Bellwether demands held pending Initial Test Case resolution, with awards within 120 days of initial conference.

Global Mediation: Following Initial Test Cases, parties engage in global mediation of remaining claims over 90 days. Unresolved claims proceed in court unless parties agree otherwise. Statutes of limitations are tolled.

Arbitration Provider Authority: If the provider determines claims don't constitute Mass Filing but do under its rules, it may apply its procedures.

Enforcement: Delaware federal or state courts enforce this provision.

Unavailability

If the AAA cannot administer, disputes resolve in California state or federal court with user consent to jurisdiction.

Equitable Remedies

The company may seek temporary restraining orders, preliminary injunctions, and permanent injunctions without posting bonds.

Article XIV. Renewals

"IN ORDER TO PROVIDE CONTINUOUS SERVICE, WE AUTOMATICALLY RENEW ALL PAID SUBSCRIPTIONS ON THE DATE SUCH SUBSCRIPTIONS EXPIRE UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT TERM." Users receive renewal notices before purchase confirmation. Users authorize charges for renewal fees, which may vary by location. Renewal fees are subject to change.

Article XV. App Stores

When downloading through app stores:

These terms exist between users and the company only; app stores are not parties
The license grants personal, limited, non-exclusive, non-transferable installation rights for owned devices in non-commercial use, subject to device terms
App stores bear no responsibility for the app or maintenance services
App stores are not responsible for user or third-party claims
App stores are not liable for intellectual property infringement claims
App stores are third-party beneficiaries with enforcement rights