General Conditions Lovevery
The content of this website, and the services provided through this website, are provided by Lovevery, Inc., 918 W. Idaho Street, Boise, Idaho 83702 or, in the European Union and United Kingdom, Lovevery Europe B.V., Prinsengracht 769, 1017 JZ Amsterdam, Chamber of Commerce number 78165008 (collectively, "Lovevery", "we" "us" or "our"). These terms and conditions (these "Terms of Service") govern your ("you" or "your") access to and use of the lovevery.com website (the "Website") and all services provided by Lovevery via the Website including without limitation our subscriptions (“Subscriptions”), products and gift cards (collectively, the "Services"). You may also be provided additional terms and conditions with respect to specific Subscriptions, products and gift cards (“Specific Policies”) which shall apply in addition to these Terms of Service, with the Specific Policies superseding any conflicting terms in these Terms of Service.
If one or more of the provisions in these Terms of Service are null and void or should be nullified, the other provisions of these Terms of Service will remain fully applicable.
ACCEPTANCE OF TERMS
By using our Website, creating an account, or purchasing or subscribing to our Services, you accept these Terms of Service. Please read them carefully, as they may have changed since your last visit. We may revise these Terms of Service at any time. Any revisions will be posted on this Website. Your continued use of the Website will indicate you understand and accept the Terms of Service as revised.
REGISTRATION AND ACCOUNT CREATION
To make purchases, you may register an account on our Website (“Account”) or checkout as a guest. To create an Account, simply enter a valid email address. For us to successfully provide you the Services, you must provide us with:
− a shipping address within areas that we serve, which includes the United States, Canada, the countries of the European Union, where the Website mentions that we deliver and the United Kingdom (unless creating an Account for gift card purchases); and
− a valid credit card number (your "Credit Card") and/or any other billing information you have the right to use (collectively, "Account Information")).
As a registered user, you acknowledge and agree that we may use such information to communicate with you about the Services. We may also send you special offers and commercial e-mail messages which you may opt out of by selecting the unsubscribe link provided in the e-mail correspondence.
You are responsible for protecting your Account from unauthorized use, and you are responsible for all activity that occurs on your Account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
TERMS OF SALE
The following terms explicitly apply to your purchase of our products and gift cards offered on the Website (hereafter “Products”), whether by way of a Subscription, “add-on” product, or otherwise.
Purchasing Products. By clicking on “Confirm order” you are placing a binding order for the Products that you have selected for purchase. Once you have submitted your order, we will immediately send you an e-mail confirmation of your order. A binding contract is formed when you receive the order confirmation from us. Please note that, by way of exception, we are under no obligation to deliver your order in the event of inaccuracies, errors, Product unavailability, or for any other reason. Your order is exclusively based on the information provided by you for this purpose, whereby we may rely on the correctness and completeness thereof. Therefore, you guarantee the correctness and completeness of said information.
Product Descriptions. We try to make the Website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Website may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use or other errors. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Website or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.
Availability and Pricing. Lovevery reserves the right to change the prices and available Products at any time. Any Subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current term of the Subscription. Quantities of some Products may be limited and stock cannot always be guaranteed. The prices listed in the offer at the time of the order shall apply. The prices are quoted in Euros (EUR), British Pounds (GBP) or US Dollars (USD). They can be understood as final prices (gross prices), therefore they include the statutory value added tax applicable at the time., but, especially if you are using an IP address that does not reflect your geographic location, you are responsible for reviewing the currency that is displayed and confirming that you accept the price of the Products in such currency before submitting an order. We may occasionally make errors in the stated prices on this Website. If a Product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation. For some shipping locations, the cost of shipping and handling will be added to your order in addition to the Product price and, for other shipping locations, the Product price includes shipping and handling costs. Any shipping and handling costs that will be added to the Purchase price are shown during the ordering process before you submit your final order. Until the purchase price has been fully paid, the goods remain our property (or in case of a third party involved, the property of the third party)
Taxes. We have the right to charge you for any taxes or duties that we believe we are required to pay or collect related to your purchase. For some shipping locations, applicable taxes and duties will be added to your order in addition to the Product price and, for other shipping locations, the Product price includes applicable taxes and custom duties. Any taxes and duties that will be added to the Purchase price will be shown during the ordering process before you submit your final order.
Payment. You authorize us (and any payment processor) to charge your payment method for all purchases you make, including regularly for Subscriptions. We accept the forms of payment stated on the Website:
− creditcard (Visa/Mastercard/American Express/Maestro);
− Apple Pay;
− Shopify Pay;
For credit card payments, charge the Credit Card when your order is processed. The bank issuing the Credit Card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our Service(s) again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms of Service; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) you fail to cooperate in an investigation or provide additional information when requested.
Orders and delivery. We have the right to refuse or limit any orders, limit quantities, and memberships. We will not be liable if a Product is unavailable or if shipment is delayed. The terms for delivery stated by us are always target terms and do not apply as deadlines. Exceeding these terms does not oblige us to pay any compensation, but it gives you the right to terminate the agreement. We are entitled to deliver a similar Product of similar quality to the ordered Product, if the ordered Product is no longer available. If and insofar as required for the execution of order, we have the right to have certain activities performed by third parties, namely the delivery of orders.
Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products, please contact us at firstname.lastname@example.org for orders in the United States and Canada and email@example.com for orders in the European Union and United Kingdom. Please include in your e-mail: your name, order number and description of the defect or incomplete shipment. Please keep all original packaging.
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. Any notice of a damaged or incomplete shipment must be sent to us within a reasonable amount of time after you discover the problem but no later than 30 days of your receiving the Products, unless applicable law mandates a longer period. For example, customers in the Netherlands must provide notice within two months after the discovery. We moreover remind you that under Dutch and EU law, we are liable to you for any lack of conformity in a Product that becomes apparent within a minimum of two years from delivery of the Product and that you have several statutory rights in this context. Please contact us at the applicable email above before placing your Order if you do not know the time period applicable to you for returning damaged or incomplete shipments. If we do not receive your complaint timely, all your rights and claims for whatever reason, with regard to what you have complained about or could have complained about within that period, will lapse. In this regard, each delivery can be regarded as a separate transaction, that is to say that complaints relating to a particular delivery do not affect previous or subsequent deliveries. If a complaint is well-founded, we are authorized, at our own discretion, to either adjust the invoice amount, to redeliver the Product concerned, or to refund part of the price already paid without further performance of the order. Repairs carried out by you to delivered Products, of whatever nature and for whatever reason, will not be reimbursed by us, unless we have agreed in writing in advance to carry out those repairs.
Returns. If for any reason you are not satisfied with your Product purchased through our Website, you have the right to withdrawal the purchase of the Product and return the Product without giving reasons during a reflection/return period of 30 days (the “Reflection/Return Period”). You have the risk and the burden of proof for the correct and timely exercise of the right of withdrawal/return. In order to comply with the Reflection/Return Period, it is sufficient that you send the notification about the exercise of the right to withdrawal before the end of the Reflection/Return Period. We may ask you about the reason for the withdrawal/return, but you are not obliged to state the reason(s). The Reflection/Return Period starts on the day after you, or a third party designated in advance by you, who is not the carrier, have received the Product, or:
− if you have ordered several Products in the same order: the day on which you, or a third party designated by you, received the last Product. We may, provided that we have clearly informed you about this prior to the ordering process, refuse an order for several Products with different delivery times.
− if the delivery of a Product consists of several shipments or parts: the day on which you, or a third party designated by you, received the last shipment or the last part;
− in the case of a Subscription: the day on which you, or a third party designated by you, have received the first Product.
During the Reflection/Return Period, you have to handle the Product and its packaging with care. You will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation of the Product. You may only handle and inspect the product as you would be allowed to do in a store. If you do not handle the Product accordingly, you are liable for any depreciation of the Product.
If you use your right of withdrawal/return, you must return or hand over the Product(s) immediately and in any case within 30 days at the latest from the date on which you informed us of the revocation of this agreement. You must return the Product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with reasonable and clear instructions by us. You bear the direct costs (including shipping) of returning the Product, unless we state otherwise.
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. For the right of withdrawal and to return a Product, please contact us at firstname.lastname@example.org for orders in the United States and Canada and email@example.com for orders in the European Union and United Kingdom. Please include in your e-mail: your name, order number and, optionally, the reason for return. Please keep all original packaging.
Gift Certificates/Card. You may purchase Lovevery e-gift cards for anyone 18 and older through the Services ("Lovevery E-Gift Cards"). Lovevery E-Gift Cards can be redeemed solely through our Services for Products. Lovevery E-Gift Cards cannot be redeemed for cash, reloaded, resold or transferred for value, except where required by law, or be used to buy other Lovevery E-Gift Cards. Lovevery E-Gift Cards require no maintenance, activation, or other fees. Lovevery E-Gift Cards do not expire. Risk of loss and title for Lovevery E-Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible for lost or stolen Lovevery E-Gift Cards, or for use without your or the recipient's permission. Lovevery reserves the right to close accounts and request alternative forms of payment if a Lovevery E-Gift Card is fraudulently obtained or used. You may obtain information about Lovevery E-Gift Cards, including the balance, by contacting us at firstname.lastname@example.org for orders in the United States and Canada and email@example.com for orders in the European Union and the United Kingdom.
Personal Use Only. Products are for your personal use only. You agree not sell or resell any Products you purchase or otherwise receive from us in connection with your membership. Except where prohibited by law, we may limit the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Service, as we determine in our sole discretion.
In the event that you provide us with any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively "Feedback"), you hereby assign such Feedback to us without compensation or expectation of compensation and agree that we may use such Feedback for commercial or non-commercial purposes at our discretion. For any Feedback that cannot be legally assigned to us, you hereby grant us an exclusive, unrestricted, worldwide perpetual, and royalty-free license to use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways.
Users have a personal, non-transferable, non-exclusive right to access and use the content of this Website (the “Content”) subject to these Terms of Service. The term "Content" means all information, text, images, data, links, software, trademarks, videos, trade names, audio, designs, look and feel of the Website, and other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on the Website or through the Services, subject to the following conditions:
a) the Content may be used solely for personal, non-commercial, and informational purposes. No part of the Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose;
b) the Content may not be modified. Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
Any pictures and drawings remain our property at all times and must be returned to us without delay upon request, failing which the holder will owe the value to be determined by the owner. This provision also applies if we have expressly stated in writing that we wish a return.
We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
RESPONSIBLE USE AND CONDUCT
By visiting our Website you agree to use all information, resources, products, tools, and services (“Content”) only for the purposes intended and as permitted by these Terms of Service and applicable laws, regulations and accepted online practices.
By visiting our Website you are responsible for the confidentiality of your account login information and are responsible for all activities that occur under your account. You agree all information you provide for your account is accurate and up to date. You agree to access our resources only in the means we provide and will not attempt to copy, duplicate, distribute, reproduce, display, sell, trade or resell any of our information, resources, content or tools.
With respect to the Website and related software, source code, platforms, servers and interfaces, whether owned by us or third parties, you must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, alter, revise, translate, creative derivative works, or make any unauthorized attempt to access or use; (b) sell, assign, sublicense, transfer, distribute, lease, rent or grant a security interest; (c) reproduce, duplicate, copy, sell, resell, or exploit for commercial purposes; or (d) access or use in a manner prohibited by applicable laws, directives, or regulations or these Terms of Service.
Failure to comply with our Terms of Service holds you solely responsible for consequences, losses or damages Lovevery directly or indirectly incurs and you may incur criminal or civil liability.
We work hard to provide the best experience possible and the best products for every age; however, you may cancel your automatic renewal through the Account page on the Website. You must update your Account on the Website at least 10 days prior to your next shipment.
YOUR SUBSCRIPTION WILL CONTINUE AUTOMATICALLY UNTIL YOU CANCEL OR UNTIL LOVEVERY NO LONGER OFFERS PRODUCTS FOR YOUR CHILD’S AGE. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION AT LEAST 10 DAYS PRIOR TO YOUR NEXT SHIPMENT, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR THE NEXT APPLICABLE PERIOD.
You may cancel your Subscription at any time by updating your Account settings or by emailing firstname.lastname@example.org for orders in the United States and Canada and email@example.com for orders in the European Union and United Kingdom with a request to cancel your Subscription.
You will continue to be renewed at the same effective annual rate, charged ratably upon shipment of goods and subject to an annual price increase of up to 10% if Lovevery so chooses. You will receive notice in writing of such changes at a reasonable time before such changes to your Subscription occur.
We may terminate your membership, without notice, for conduct we believe violates these Terms of Service or our policies, is harmful to our business interests, or for an inactive account.
You agree to abide by all applicable laws and not to (a) upload, transmit, post, email, or otherwise make available to the Website any material in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, tortious, defamatory, vulgar, invasive of another's privacy, or libelous; (ii) infringes any third party's intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the Website or any computer software or hardware or equipment associated with the Website; (b) alter, remove, obscure or falsify any attributions, trademark, copyright or other proprietary designations of origin or source of the Website or Content; (c) impersonate any person or entity; (d) attempt, through any means, to gain unauthorized access to the Website or Content in a way not intended by us or for any unlawful purpose, or another person’s account or information on or through the Website; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the Website or any Content ; (f) take any action that imposes an unreasonable or disproportionately large load on the Website; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; (h) take any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates these Terms of Service; (i) attempt to tamper with, alter, disable, hinder, by-pass, override, or circumvent any security, reliability, integrity, restriction or requirement of the Website; (j) interfere with or disrupt the integrity or performance of the Website or the data contained therein; or (k) access the Website or Content in order to build a competitive product or service, copy any features, functions or graphics of the Website or Content or monitor the availability and/or functionality of the Website or Content for any benchmarking or competitive purposes.
We are not responsible for non-performance of any obligation if we are prevented from complying due to force majeure causes beyond our reasonable control. Force majeure means, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which we cannot exert influence but as a result of which we are unable to fulfill our obligations. This includes strikes in our company. In case of force majeure, you cannot claim any compensation or breach. If a case of force majeure results in the agreed date or term being exceeded, we have the right to terminate the relevant agreement by means of a written statement. This dissolution does not extend to Products that have already been delivered; these must be paid, insofar as payment has not already been made.
By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Lovevery and our affiliates and our respective officers, directors, shareholders, employees, agents, contractors, and representatives (and their respective successors and assigns) from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with (1) use or attempted use of this Website, Services, Products and/or Content by you or any other person accessing the Website using your Account; (2) your violation of any terms of these Terms of Service or applicable law; and (iii) your violation of any third party right, including but not limited to, any copyright, property or privacy right.
ACCURACY OF USER INFORMATION
If you choose to provide information to register for or participate in a service, event, or promotion on this Website or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
The Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18, but over the age of 13, may use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for upholding all obligations that arise from these Terms of Service.
DISCLAIMER OF WARRANTY
You are solely responsible for determining if the books, that are delivered with our Subscriptions, are suitable for your children. We do not take responsibility for the content in books or whether the books we choose conform to values suitable to every parent who subscribes to our service.
Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. You agree that your sole and exclusive remedy arising from or relating in any way to any product shall be its replacement or a credit towards another monthly shipment, at Lovevery’s discretion.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE, SERVICES, PRODUCTS, AND CONTENT ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, LOVEVERY DOES NOT WARRANT THAT: (I) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (II) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (III) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (IV) DEFECTS WILL BE CORRECTED, OR (V) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR ATTEMPTED USE OR INABILITY TO USE THE WEBSITE, PRODUCTS, SERVICES OR CONTENT, INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST OR STOLEN DATA, LOST OPPORTUNITIES, DAMAGED DEVICES OR OTHER INTANGIBLES, EVEN IF WE OR YOU HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE WEBSITE, IN THE AGGREGATE FOR ALL CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY, INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO IMPLIED ENDORSEMENTS
We make no representation that that the Services and Products provided by Lovevery, Inc. are available in, appropriate for or comply with laws outside the United States or that the Services and Products provided by Lovevery Europe B.V. are available in, appropriate for or comply with laws outside the European Union. If you access the Website outside theses jurisdictions, you do so at your own risk and are responsible for complying with your local laws and regulations; provided, however, that you agree that your access to the Website does not subject us to any laws, regulations or jurisdictions of any area.
We may terminate any user's Subscription or access to our Website or Services for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
Governing Law and Jurisdiction. (1) If you are located in the European Union or United Kingdom, these Terms of Service shall be exclusively governed by and construed in accordance with Dutch Law. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be resolved at the Netherlands Commercial Court (NCC) in Amsterdam, The Netherlands, unless mandatory provisions of law prescribe otherwise; and (2) If you are located outside the European Union or United Kingdom, these Terms of Service shall be exclusively governed by and construed in accordance with the laws of the State of Delaware of the United States and the laws of the United States, without giving effect to any choice or conflict of law provision that would cause the application of the laws of any jurisdiction other than the State of Delaware or the laws of the United States. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be resolved in state or federal courts located in Ada County, Idaho, United States and you expressly consent to exclusive jurisdiction and venue of such courts and waive any arguments regarding forum non conveniens or lack of personal jurisdiction, unless mandatory provisions of law prescribe otherwise.
Individual Right. Any dispute resolution proceeding arising out of or relating to these Terms of Service will be conducted only on an individual basis and not in a class or representative action on behalf of others. There is no right for any dispute hereunder to be brought or heard as a class action, private attorney general action, the consolidation of actions or actions brought on behalf of third parties.
INTELLECTUAL PROPERTY, COPYRIGHTS AND TRADEMARKS
You agree and acknowledge that, as between you and Lovevery, Lovevery owns and retains all right, title and interest in and to (i) the Website and Content and all improvements, enhancements and modifications thereto, (ii) notwithstanding the Feedback section (above), comments, suggestions, or other feedback regarding any aspect of the Services or the Website submitted by you, (iv) all Products, and (v) all intellectual property and proprietary rights in and related to any of the foregoing (collectively, "Lovevery Intellectual Property"). To the extent you have or later acquire any right, title or interest in any Lovevery Intellectual Property, you hereby irrevocably transfer and assign all such right, title and interest in such Lovevery Intellectual Property to us.
These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
You agree that we may send to you in electronic form any notices or other communications regarding the Website and such electronic form will satisfy any legal requirements with respect to communications or notice.
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms of Service shall not prevent our subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service and any other applicable agreement between us and you shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
You may not assign these Terms of Service or any license set forth herein, in whole or in part, without our prior written consent. We may assign these Terms of Service (including, for the avoidance of doubt, any Account Information we have) without your consent, to an affiliate or in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of this section shall be null and void. These Terms of Service shall be binding on all permitted assignees.
The Feedback, Indemnification, Disclaimer of Warranty, Limitation of Liability, Enforcement and other sections that should survive in order to enforce the intent of these Terms of Service shall survive the expiration or termination of these Terms of Service.
If you have questions in regards to these Terms of Service or any other questions please contact us at:
If you are in the United States or otherwise outside the European Union or United Kingdom:
918 W. Idaho Street
Boise, Idaho 83702
United States of America
If you are in the European Union or United Kingdom:
Lovevery Europe B.V.®
1001 NH, Amsterdam