These Terms of Use (“Terms,” “Terms of Use“) apply to the Luvsome® website located at theluvsome.com and all associated sites, applications, services, tools, and content provided by Luvsome® (“Luvsome®,” “we,” “us,” or “our“) (together or individually, the “Services“).
Please read these Terms carefully before using the Services. By using or accessing the Services, you agree to be bound by these Terms. If you do not accept all of the Terms stated herein, you may not use the Services.
In these Terms, “user” or “you” refers to any individual or entity using the Services.
1. Acceptance of Terms
a. By registering for, accessing, browsing, or otherwise using the Services, you acknowledge that you have read and agree to be bound by these Terms. If you do not agree, you may not access or use the Services.
b. Luvsome® may modify these Terms at any time without notice. Updated versions will be posted on the Services with the “Last Updated” date changed. You should check back frequently. By continuing to access the Services after a change, you accept the updated Terms.
2. Eligibility to Use the Services
a. The Services are intended solely for users who are 18 years of age or older. Any registration by, access, or use of the Services by anyone under that age is unauthorized, inappropriate, and a violation of these Terms.
b. You may not use the Services if you are prohibited from receiving products, services, or software under applicable laws or regulations.
c. You are responsible for ensuring your access and use of the Services complies with all applicable rules and regulations in your local jurisdiction.
3. Luvsome® Accounts
a. To access certain features or services offered through the Services, you may be asked to register for a Luvsome® account. When you register, you agree to:
i. Provide true, accurate, current, and complete registration information about yourself.
ii. Maintain and promptly update any information provided during registration to keep it current.
iii. Maintain the security and confidentiality of your login credentials and restrict all access to your account. You will be responsible for any activities or actions that occur under your account, whether or not authorized by you. You must immediately notify Luvsome® of any unauthorized use.
iv. Fully comply with all applicable laws and regulations related to your use of the Services.
b. We reserve the right to suspend or terminate your account if you are found to be in violation of these Terms, pose a security threat, or violate applicable laws.
4. Ordering Products and Services
a. Luvsome® allows users to purchase physical goods and digital services through the Services (“Products“). Additional terms and conditions may apply to orders placed for Products.
b. Product descriptions, pricing, availability, and options displayed are subject to change without notice. Images are for illustrative purposes only and may differ from the actual Product.
c. Your receipt of a purchase confirmation email does not signify our acceptance of your order. We reserve the right to accept, refuse, cancel, or limit orders at any time for any reason.
d. You must pay all applicable taxes, shipping fees, and other required charges at the time of purchase. We reserve the right to revise quoted fees prior to completing your transaction.
e. You are responsible for providing accurate and complete billing and payment information. If we do not receive payment, we reserve the right to cancel your order.
5. User Content
a. The Services may allow you to upload or submit feedback, information, content, text, video, audio, images, designs, code, or other materials (“User Content“).
b. You retain any copyright and other intellectual property rights you already hold in User Content. By submitting User Content, you grant Luvsome® a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, edit, modify, prepare derivative works from, reproduce, transmit, display, publish, distribute, host, cache, store, and otherwise exploit the User Content for any purpose in any and all media formats in connection with operating and providing the Services and promoting Luvsome® in any media formats and through any media channels.
c. You are solely responsible for all User Content you contribute and warrant you have all rights required to grant us the license described above. You are responsible for ensuring your User Content and conduct comply with all applicable laws, regulations, and ordinances.
d. We reserve the right to remove or delete any User Content from the Services for any reason.
6. Acceptable Use Policy
You agree not to misuse the Services or assist anyone else in doing so. This includes:
a. Accessing, tampering with, or using any portion of the Services that you are not authorized to access or otherwise breaching any security or access controls;
b. Testing or reverse-engineering the Services to find limitations, vulnerabilities, or evade filtering capabilities;
c. Attempting to interfere with, disrupt, or damage the Services, networks, servers, or equipment;
d. Imposing unreasonable burdens or excessive loads on our infrastructure, bandwidth, or other resources;
e. Using any robots, crawlers, scraping, or similar data gathering or extraction methods;
f. Posting, uploading, submitting, publishing, or transmitting any User Content or other content that: (i) infringes, misappropriates, or violates any third party rights; (ii) is defamatory, harassing, abusive, obscene, or offensive; (iii) contains viruses, spyware, malware, or other malicious code; (iv) violates any applicable laws, regulations, or these Terms;
g. Using the Services to design, develop, train, or improve prohibited technologies such as weapons, cyber-attack capabilities, illegal gambling, or tobacco production;
h. Renting, leasing, loaning, selling, reselling, distributing, or preparing derivative works based upon the Services;
i. Removing, obscuring, or altering any proprietary notices on the Services; or
j. Misrepresenting your identity, affiliation, or other credentials to access or use the Services.
7. Reviews and Testimonials
If you provide Luvsome® with a review, testimonial, or other feedback regarding your use of our Products or Services, you grant us permission to use and publish your name, testimonial, and related information in marketing, informational, and promotional materials. If you wish to update or delete a testimonial, please contact us at [email protected].
8. Third Party Content and Links
a. The Services may contain content, services, and links to websites operated by third parties not controlled by, or affiliated with Luvsome®. We do not endorse, sponsor, or make representations or warranties regarding such third party content, products, services, websites, companies, or any results arising out of their use.
b. Your business dealings or interactions with any third party advertisers or merchants found through the Services, including payment and delivery of goods or services, are solely between you and the third party. Luvsome® will not be responsible for any loss or damage arising from your dealings.
c. If you click on any third party links, you are responsible for taking necessary precautions for protecting your privacy and security. You should review the terms and privacy policies of any third party site you access.
9. Ownership, Copyright, Trademarks, and Other Intellectual Property
a. The Services and all content, trademarks, brands, logos, designs, software, data, databases, and other materials therein (“Luvsome® Materials“) are the sole property of Luvsome®, its affiliates, partners, and licensors. All Luvsome® Materials are protected under U.S. and international copyright, trademark, patent, and other intellectual property laws.
b. You may access, use, and make one copy of any downloadable content from the Services solely for your personal, lawful, non-commercial use. You may not modify, publish, license, create derivative works from, transfer, sell, reproduce, distribute, display, or exploit any downloadable content without our prior written authorization.
c. The Luvsome® name, logo, trademarks, and all related product names, logos, slogans, and designs are our trademarks or those of our affiliates or licensors. You may not use our trademarks or any confusingly similar marks without our prior written permission.
d. If you provide feedback, suggestions, improvements, or other ideas related to the Services, you transfer and assign all intellectual property rights in your feedback to Luvsome®. Luvsome® may use and build upon your feedback without restriction or compensation to you.
10. Indemnification
You will fully indemnify, defend, and hold harmless Luvsome® and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services or breach of these Terms; (ii) any User Content or Feedback you provide; (iii) your violation of any third party rights; or (iv) your violation of any applicable laws or regulations.
11. Disclaimers and Limitations on Liability
a. The Services and all content and functionality are provided “as is” without warranty of any kind. We disclaim all warranties express or implied relating to availability, accuracy, content, sequence, timeliness, completeness, merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and title.
b. Neither Luvsome® nor our affiliates will be liable for any indirect, incidental, consequential, or punitive damages arising from use of the Services. In no event will our total cumulative liability for any claims arising from these terms or your use of the Services exceed $100 even if we have been advised of the possibility of such damages.
c. We have no liability for hypertext links from the Services accessing third party content or websites. Such sites are not under our control and we are not responsible for their contents or links.
d. Applicable law may not allow some of the limitations specified here, so some of the above limitations may not apply to you. The foregoing limitations will apply to fullest extent permissible under applicable rules and regulations.
12. Modifications to the Services
We reserve the right to modify, discontinue, redesign, improve, suspend, or restrict access to the Services at any time without notice or liability to you. We will not be liable if changes to the Services cause you equipment or material to become obsolete, require modification or alteration, or otherwise affect your access or use of the Services.
13. Termination
a. You can terminate your account and stop using the Services at any time without needing to notify us. We reserve the right, without notice and in our sole discretion, to suspend or terminate your registration and block your access for violating these Terms or any applicable laws or regulations.
b. Upon any termination, your license to access and use the Services will immediately end. Any provisions which by their nature should reasonably survive termination of these Terms will continue in full force and effect.
14. Governing Law and Dispute Resolution
a. These Terms are governed in all respects by the substantive laws of the State of Ohio, without regard to its conflict of law rules.
b. Any dispute, claim, or controversy arising from or related to your use of the Services will be resolved by binding arbitration administered by the American Arbitration Association. Arbitration hearings will take place in Franklin County, Ohio.
c. You hereby irrevocably consent to the exclusive personal and subject matter jurisdiction of the arbitration proceeding and federal or state courts in Franklin County, Ohio for purposes of any action to compel arbitration, enforce an arbitration award, or support any other litigation arising between the parties.
d. Any arbitration award will be final and binding and may be enforced in any court with jurisdiction. You understand we would not otherwise agree to provide the Services to you but for the protections provided by this arbitration provision.
15. Other Important Terms
a. We reserve the right to transfer, assign, or sublicense these Terms or our rights or duties under these Terms at our sole discretion. You may not transfer, sublicense, assign, or delegate your rights under these Terms without our prior written consent.
b. If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a court of competent jurisdiction, that term will be limited or deleted as necessary. The remaining provisions will be valid and enforceable.
c. The failure of Luvsome® to exercise or enforce rights conferred by these Terms will not be deemed a waiver of such rights.
d. These Terms, as published at the time you submit an order or otherwise use the Services, constitute the entire agreement between you and Luvsome® related to the subject matter herein.
e. We may provide notices regarding the Services to you via email, regular mail, text messages, notices posted on the Services, or other reasonable means.
f. A printed copy of these Terms and of any notices given to you in electronic form will be admissible in any legal, investigative, or regulatory proceedings relating to use of the Services to the same extent as the original documents.
g. By using the Services, you consent to receiving required notices electronically from us. You agree our electronic notices satisfy any legal requirements that notices be provided in writing.
Thank you for taking the time to review our Terms of Use. If you have any questions, please contact us at [email protected]. We look forward to providing you with our products and services!
