Definition of Users and Eligibility.
(a) Users per se. Anyone who uses our Site in any manner, including but not limited to visiting or browsing the Site or downloading or using the Application, registered or otherwise, is a User per se. Influencers, Sellers and buyers are also Users, as well as anyone who contributes content, information, and other materials or service.
(b) Influencers. Anyone who uses our feedback and share features to influence and affect others in their purchasing decision.
(c) Sellers. Any registered person/company who uses our marketplace Services to sell items.
(d) Buyers. Any registered user or unregistered guest who uses our Website to purchase items.
(e) Eligibility. As a User, you represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use our Website. We may, in our sole discretion, refuse to offer our Services to any person or entity and change its eligibility criteria at any time. Our Services are offered only for your use, and not for the use or benefit of any third party.
Relationship of the Parties.
(c) Electronic Communication between parties. The communications between you and LUV.IT use electronic means, whether you use our Website or send us emails, or whether LUV.IT posts notices on our Website or communicates with you via email. For contractual purposes, you (i) consent to receive communications from LUV.IT in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that LUV.IT provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. Electronic notices should be sent to __________________.
Registration & Social Media Sign Up.
(a) Registration. Unless you are a registered Seller, to sign up for our Website, you must create an account ("Account") by registering for an Username and a Password on the Login Page. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information in our Website without permission. You agree not to create an Account or use our Website if you have been previously removed by us or banned from any of our Website. LUV.IT reserves the right in its sole discretion to suspend or terminate your Account and refuse any and all current or future use of our Website (or any portion thereof) at any time for any reason. You agree that LUV.IT will not be liable to you or to any third party for any suspension or termination of your Account or any refusal of any use of our Website (or any portion thereof). Information on your profile may include information and content you provide and/or upload as well as information we collect from your account with a Third Party Account ("Profile Information"). LUV.IT reserves the right in its sole discretion to remove Profile Information at any time for any reason. You agree that LUV.IT will not be liable to you or to any third party for such removal. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You must notify us immediately of any change in your eligibility to use our Website (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
RELATIONSHIP WITH EACH THIRD PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY ACCOUNT, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY A THIRD PARTY ACCOUNT IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN THE THIRD PARTY ACCOUNT. LUV.IT makes no effort to review any Third Party Account Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and LUV.IT is not responsible for any Third Party Account Content.
(c) Page Content and Features.
(ii) User Content. All Third Party Account Content (see Section 5.b) as well as all Content posted or reposted by users on LUV.IT, including but not limited to promotions by Sellers, personal tastes, list of preferred brands and products, list of friends and influencers, LUV.IT and Hate feedbacks (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using our Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through our Website is or will continue to be accurate. LUV.IT is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. LUV.IT has no responsibility or liability for the deletion or accuracy of any User Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of our Website. You acknowledge that LUV.IT has no obligation to pre-screen User Content, although LUV.IT reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content at any time for any reason.
(iii) Availability of Content. We do not guarantee that any Content will be made available on the Site, or the Application. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to,
(v) Content Provided by Other Parties. Our Website may contain User Content provided by other users, Sellers or third parties. We are not responsible for and do not control such User Content. We have the right, but no obligation to review or monitor such content. We do not approve, endorse or make any representations or warranties with respect to such User Content. You use all such User Content at your own risk.
(vi) Notices and Restrictions. Our Website may contain Content specifically provided by us, Sellers, or partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through our Website.
6. Social Media Policies and Features
(a) Policies. You are encouraged to post and share on social media. If you decide to share any of our Seller’s products or Brands using Facebook, Tweeter, Pinterest or any third party social media services you will be also bound by their policies. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH THIRD PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY ACCOUNT, AND WE DISCLAIM ANY LIABILITY FOR INFORMATION POSTED OR SHARED THROUGH A THIRD PARTY SOCIAL MEDIA. LUV.IT makes no effort to review any Third Party Social Media Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and LUV.IT is not responsible for any Third Party Social Media Content. Regarding postings on our Website please be aware of the following LUV.IT’s policies:
(i) LUV.IT will remove postings that contain abusive, vulgar, offensive, threatening or harassing language; personal attacks of any kind; or offensive terms that target specific individuals or groupie;
(ii) LUV.IT will remove postings that promote or oppose any political party, person campaigning for elected office, or any ballot proposition;
(iii) LUV.IT will remove postings with personally identifiable information such as social security numbers, addresses, and telephone numbers. Names of individuals identified in photos and general geographic information, such as where the photo was taken, are permitted;
(iv) Postings provided in no way constitute a legal or official notice to LUV.IT or any official or employee of LUV.IT for any purpose;
(v) Postings on this Website may be treated as a federal record;
(vi) The content of all postings are visible to the public, thus submissions should not contain anything you do not wish to broadcast to the general public;
(vii) LUV.IT does not discriminate against any views, but reserves the right not to post content that does not adhere to these standards;
(viii) By posting you accept that other users may edit, alter, or remove your postings.
(i) Posting. You can post about your favorite brands and products.
(ii) Reposting. If you see a post on LUV.IT that you want to share with your friends or followers, all you need to do is repost it. LUV.IT makes this easy with the Share feature. You can repost videos, photos, links and text about products and brands. Sharing is a quick way to spread ideas and promotions on LUV.IT. By using the Share feature, the original poster gets credit even though the post shows up on your wall.
(iii) Tagging. You are allowed to tag your friends on products, brands, promotions. When you tag someone, you create a link to their profile. The post you tag the person in may also be added to that person’s Timeline. If you tag a friend in your status update, anyone who sees that update can click on your friend's name and go to their profile. Your status update may also show up on that friend's Timeline. When you tag someone, they'll be notified. Also, if you or a friend tags someone in your post, the post could be visible to the audience you selected plus friends of the tagged person. Tags from people you aren't friends with may appear in Timeline review where you can decide if you want to allow them on your Timeline or not. You can also choose to review tags by
anyone, including your friends by selecting that option in your settings. Posts you choose not to allow on your Timeline may appear in News Feed and elsewhere on LUV.IT. If you don't like something you're tagged in, you can remove the tag or ask the person who tagged you to remove the post. You can opt in your settings to receive a notification when someone tags you.
(iv) Feedback. LUV.IT provides users with a one click feature for positive or negative feedback about products, services and Brands. The LUV.IT and HATE features allow users to evaluate items as well as the overall performance of a seller, helping Sellers to develop a reputation within the LUV.IT marketplace. We encourage you to use this feature in an honest and thoughtful way. Beware that LUV.IT cannot remove a feedback once it has been posted. You agree that submission of any Feedback is at your own risk and that LUV.IT has no obligations (including without limitation obligations of confidentiality) with respect to such positive or negative Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. LUV.IT will treat any Feedback you provide to LUV.IT as non-confidential and non-proprietary. Sellers may request feedback from a user/ buyer, however Sellers can not offer and users/buyers can not solicit or accept any incentive for either providing or removing feedback.
Users Rewards (Pay-Back Agreement). 10% of the sale of every product on our Site is distributed amongst Users (buyer and influencers) pursuant to our Pay-Back Agreement.
Third Party Services.
(a) No liability for use of Third Party Services. Our Website may permit you to link to other Websites, services or resources on the Internet, and other Websites, services or resources may contain links to our Website. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that, except otherwise provided, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Website or resource.
9. Ownership. Copyright & Trademark. Licenses. Restrictions.
(a) Ownership. You acknowledge that (i) our website is and will remain the sole property of LUV.IT and is subject to protection under U.S. and
(b) Copyright & Trademark Information. All copyrights reserved, trademarks, logos and service marks ("Marks") displayed on our Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
(i) Copyright Policy. LUV.IT has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights.
(ii) Procedure for Reporting Copyright Infringement. If you believe that material or content residing on or accessible through our Website infringes a copyright, and wish to have the allegedly infringing material removed, please send us a written notification of copyright infringement containing the following information:
(1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
(2) identification of works or materials being infringed;
(3) identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that LUV.IT is capable of finding and verifying its existence;
(4) contact information about the notifier including address, telephone number and, if available, e-mail address;
(5) A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
(6) a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
(c) Licenses granted to you by LUV.IT.
License and Access You Grant to LUV.IT. By submitting User Content through our Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Application, our Website and our (and our successors' and assigns') businesses, including without limitation a license to share your feedback (LUV.IT or Hate), share your tastes and reposts; promote and redistribute part or all of the Site, the Application or our Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party Websites and feeds), and including after your termination of your Account or our Website. You also hereby do and shall grant each user (including any brands/ Sellers that post content to our Website) of the Site, the Application and/or our Website a non- exclusive, perpetual license to access your User Content that is available to such user through the Site and/or our Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or our Website. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Updates and Upgrades. We are not obligated to maintain or support our Website, or to provide you with updates, upgrades or services related thereto. You acknowledge that LUV.IT may from time to time in its sole discretion issue
(a) Modification of Services. LUV.IT reserves the right, at any time, to modify, suspend, or discontinue our Website (in whole or in part) with or without notice to you. You agree that LUV.IT will not be liable to you or to any third party for any modification, suspension, or discontinuation of our Website or any part thereof.
Export Control. Our Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from LUV.IT, or any products utilizing such data, in violation of the United States export laws or regulations.
Payments. We use a third-party payment processor (the "Payment Processor") to allow you to pay for products purchased through our Website. The processing of payments will be subject to the Buying Online Terms and Conditions in addition to this Agreement. Please click here to review our Buying Online Terms and Conditions before you make any purchases. By choosing to purchase goods through our Website, you agree to all those terms and conditions.
Warranty Disclaimer. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which users gain access to our Website; what Content you access via our Website; or how you may interpret or use the Content. You hereby forever discharge and release us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to: (i) our Website; (ii) any inaccurate, incomplete, unreliable, illegal or infringing Content posted on our Website, whether caused by us or any user of our Website, or by any of the equipment or programming associated with or utilized in our Website; (iii) the conduct, whether online or offline, of any user; (iv) any injury, loss or damage caused by another user or User Content posted on our Website, whether online or offline; and (v) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, our Website' users' communications. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE", WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) OUR WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH OUR WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING OUR WEBSITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF OUR WEBSITE IS SOLELY AT YOUR OWN RISK. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LUV.IT OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
17. Indemnification. Limitation on Liability. Force Majeure.
(b) Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO OUR SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE
LESSER OF (A) THE AMOUNT PAID FOR THE APPLICABLE PURCHASE GIVING RISE TO THE LIABILITY OR (B) $100.00 AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LUV.IT AND YOU.
(c) Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Governing Law and Dispute Resolution.
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