© Copyright 2022 Lovange, LLC. All Rights Reserved Page 1 of 8 Terms of Use Effective
08/18/22
Lovange®, LLC Terms of Use
Effective: August 18, 2022
1. Lovange Terms of Use – Effective Immediately
These Lovange®, LLC Terms of Use (“Terms”) are effective immediately for all persons accessing or
using our services, including our website (www.lovange.com), online platform/marketplace, software
and functionalities, and/or our fulfillment services (“Services”). We provide, and you use, our
Services subject to these Terms, the Lovange, LLC Privacy Policy (“Privacy Policy”) and the
Lovange, LLC Return & Refund Policy (“Return & Refund Policy”). These Terms constitute a legally
binding contract between you and Lovange regarding your use of our Services.
The terms “Lovange”, “we”, “our”, and “us” refer to Lovange, LLC, a Texas limited liability
company. The terms “you” and “your” refer to you, our customer who purchases items marketed and/or
sold through our Services, a visitor to our website, or other user of our Services.
EXCEPT AS OTHERWISE PROVIDED IN SECTION 15 BELOW, ALL OF YOUR CLAIMS AGAINST US MUST BE SUBMITTED
TO BINDING ARBITRATION WITHOUT JOINDER OF OTHER CLAIMANTS AND YOU WAIVE YOUR RIGHT TO BRING OR
PARTICIPATE IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING AGAINST US AND WAIVE THE
RIGHT TO A TRIAL BY JURY.
2. Our Services
Who We Are: Lovange provides an online retail platform/marketplace through our website and related
software and applications and functionalities (“Platform”) on which we market and sell a selection
of goods and shoppers can view, review and purchase those goods from us. Users of our Platform may
purchase the listed goods with our Services and by use of a third-party payment service to process
payments for the goods purchased. We provide or facilitate the fulfillment services, including
warehousing, packaging and shipping the orders using third-party delivery services chosen by the
customers, and processing of returns and refunds.
Services Updates: Our Services will be subject to periodic updates, discontinuance and/or
replacements that may become necessary for numerous reasons, including software updates, bug fixes,
plug-ins, vulnerability fixes, to improve efficiency, to add new functionalities, to repair or
change our website, Platform, fulfillment center, other infrastructure or equipment, and for
commercial, compliance and legal reasons (“Updates”). The website, Platform and/or fulfillment
center may be temporarily unavailable as a result of said Updates.
Services Modifications: We may modify, suspend, takedown, discontinue, or terminate our Services
and information associated with our Services, in whole or in part, at any time with or without
notice. We may interrupt the availability of the Services, in whole or in part, at any time,
without notice, including for routine or non-routine maintenance, error correction, changes in
third-party provider or to incorporate new provider’s requirements, or other changes. We undertake
no obligation to furnish any maintenance and support services with respect to third-party services
or equipment, your connectivity, device, application or other access to or use of our website,
Platform or our other Services.
Services Availability – Void Where Prohibited: Our Services or products or certain components or
features of our Services or products may not be available to, or permitted for, all persons or in
all geographic locations. We may limit or not offer our Services to any person or geographic area,
including where the export or use of our Services is restricted or prohibited by applicable laws.
Any offer for any of our Services or products is void where prohibited. If you choose to access our
Services from outside the United States, you do so on your own initiative and you are solely
responsible for complying with applicable local laws.
3. Eligibility & Consent to Use our Services
Age Eligibility: Any person who desires to establish an account with us or to check out as a guest
to purchase goods must be at least eighteen (18) years of age at the time of establishing the
account or purchasing any goods or otherwise using our Services. There are laws in certain
jurisdictions that require that a person be of a certain age before he/she can be bound to any
contract. We do not intend or desire to contract with you unless you are of the age set by
applicable law for you to be bound by a contract with us. Children under 13 years of age are not
permitted to use our Services. Minors (under 18 years of age, but not younger than 13 years of age)
or persons who otherwise do not have the legal capacity to contract to use our Services may only
use our Services through an account owned by their parent or legal guardian with said parent or
legal guardian’s consent and direct supervision. Said parent or legal guardian is responsible for
any and all activity on our Platform conducted by a minor or persons who otherwise do not have the
legal capacity to contract.
General Restrictions and Suspended or Removed Persons: We reserve the right to disable, suspend,
block, close or remove your account, block you from checking out as a guest, deny your use of your
account, set transaction limits, or deny your other use of our Services at any time for any reason
or no reason, including for your violation of these Terms, failing to pay for your purchases, abuse
or misuse of our Services, fraud, or violation of law. Further, if you were previously suspended,
denied or removed from our Services, you are not permitted to use our Services.
Trade Restrictions: If applicable law, regulation, governmental directive or order restricts or
prohibits us from doing business with you, we will not knowingly permit you to use our Services and
you are not permitted to use our Services. You are not permitted to access or use any of our
Services if you are our competitor.
User Consent: You voluntarily agree and consent to these Terms in consideration for the license
granted herein to use our Services and the other premises contained in these Terms, which you
acknowledge and agree to be good, valuable, adequate and sufficient consideration to support your
agreements and covenants contained in these Terms. Your agreement and consent may be given in
several ways, including when you establish an account with us, when you complete or update your
profile on our website, by you clicking an “opt in”, “I agree”, “I consent” or other similar
buttons on our website, when you start using our website, the Platform or other Services, or when
you transact business with us. Do not provide your agreement or consent if you are under thirteen
(13) years of age. By accessing or using any of our Services, you consent to receiving
communications from us concerning our Services, your account or your access to and/or use of our
Services and said communications may be through the Services or via emails, text messages or other
means of communication. You further consent to receiving electronic communications from us,
including agreements, acceptances, rejections, notices, and other exchanges and disclosures through
emails, text messages, and other forms of communications and you agree that such
electronically-transferred communications from us satisfy any legal requirements that we provide
such communications in writing. You may retain copies of those communications for your records. You
may unsubscribe from our communications as described in the Privacy Policy. You agree to comply
with all laws, regulations, directives and orders that are applicable to you and your use of our
Services. Your use of any of our Services, including, but not limited to, your use of our website,
Platform and/or in connection with establishing your account with us, is your agreement and consent
to be bound by these Terms and our other policies, which include our Privacy Policy and our Return
& ich policies
may be updated from time to time, and a copy of the most current version of said policies may be
accessed at www.lovange.com.
4. Establish a User Account & Profile
Customer Account: All persons who desire to shop on our Platform must establish a customer account
with us or check out as a guest and must comply with these Terms, our Privacy Policy, our other
applicable policies, guidelines and requirements, and applicable laws, regulations, and
governmental directives and orders.
All Accounts: To use our Services, each customer must establish a user account, username and
password or some customers may check out as a guest. In order to establish your user account,
username and password or check out as a guest, you must provide some personal information,
including your full name, physical address (street, suite or apartment number, street name, city,
state, country, and zip code), email address and/or phone number. In some instances, we may also
ask for or you may disclose your date of birth to verify that you are of the required age to use
our Services. You are allowed to create only one account. You agree (a) to not create an account
for any other person, (b) your account is for your personal use, and (c) your account is not
transferrable or assignable, without our prior written consent given by an officer of our company.
You agree not to share your account, username or password with others and to not publish or
otherwise disseminate your username and password. You represent and agree that the information you
provide to us will at all times be your information and accurate. You are solely responsible for
all activities and use of your account, username and password and for keeping your account,
username and password confidential and protected from unauthorized disclosure and use. You agree to
notify us immediately of any unauthorized use of your account or if your account, username or
password has been compromised. We may disable, suspend or block your use of our Services and/or
your account or close your account at any time for any reason or no reason, including for your
violation of these Terms. If we disable, suspend, block or close your account or block you from
checking out as a guest, you may be unable to or prevented from accessing our Services, your
account details, or any files or other content that is stored with your account. In the event that
a company, business entity, organization or association (“Entity”) is authorized to establish an
account with us or otherwise use our Services, the term “you”, “your” or “individual” will mean the
Entity and the individual representative or representatives of that Entity who is authorized by
said Entity to establish an account with us and/or to otherwise use our Services on behalf of that
Entity; and the term “personal use” with respect to that Entity shall mean the use of our Services
by or on behalf of that Entity.
5. OMITTED
6. Customers Purchase of Goods
The following terms shall apply to all purchases made using our Platform:
Ordering: When placing orders on our Platform, please determine if we deliver to your location, the
availability and pricing for the goods, that the product is safe for the intended user and use, the
available payment methods, and the other terms and prices related to your order.
Jurisdictional Restrictions: As discussed above under “Services Availability – Void Where
Prohibited” and “Trade Restrictions”, our Services may not be available at your location. In
addition, we may not be able to sell or deliver goods to certain locations due to limitations in
our Services or restrictions placed by third-party service providers, including third-party payment
processors and delivery service providers. These restrictions may be based on several factors,
including lack of infrastructure, safety and security, or legal prohibitions. As of the Effective
Date of these Terms, we will only ship within the United States of America and Canada.
Pricing: The list prices of goods shown on our Platform may be adjusted from time to time based on
several factors, including demand and supply and for discounts and promotions. Fees charged for
delivery and other services are subject to change due to change by third-party service providers,
change in applicable laws, and other reasons. Please check the prices and fees periodically to
determine the current prices and fees. We cannot confirm the price of an item until you complete
your order by completing the checkout process on our Platform, which includes designating your
delivery address, billing address and payment method, selecting the shipping method or speed of
delivery for said order and affirmatively agreeing to pay the list price for the items you are
purchasing, the amount for your shipping selection and any applicable taxes and fees and other
costs associated with said order. Despite our best efforts, a small number of the items may be
mispriced. If we discover that the correct price of any product is higher than the price posted, we
reserve the right to either contact you for instructions before shipping or cancel your order and
notify you of such cancellation.
Shipping Charges: The shipping charges for your order will be shown at the time you checkout and
will be based upon speed of delivery you choose, type of delivery chosen (such as air or ground
transportation), delivery location you select, weight, nature of the product purchased, and other
factors. You must pay all shipping charges, in addition to the list price for the product
purchased. Deliveries to international locations will be subject to tariffs, custom duties, taxes
and other charges. You must also pay all tariffs, customs duties, taxes, and other charges
applicable in your jurisdiction, including GST, PST, HST. The limits for duty-free packages are
established by your local customs authorities. Please check your local customs authorities for more
information.
Currency: All prices, charges, fees, taxes and other items to be paid that are posted on our
Platform are stated in United States Dollars, unless otherwise expressly stated. The third-party
payment processor may try processing your payment in your local currency, subject to limitations
and may have to charge your card in USD, in which event you may be subject to, and solely
responsible for, any additional costs and fees assessed as a result of said currency conversion,
including, but not limited to, any foreign transaction fees assessed by the issuer of your method
of payment.
Delivery: You must correctly state your delivery address, select the mode of delivery and delivery
service for your order at the time you place your order, which information will be used to process
the delivery of your order. We do not have our own delivery vehicles and shipping infrastructure.
We partner with third-party delivery service providers to deliver the items you purchase on our
Platform. We will make reasonable efforts to deliver your items in accordance with your order, but
we will not be responsible or liable for any delays or failure in such delivery. If your chosen
delivery method is not readily available or is subject to interruptions, we reserve the right to
effect delivery of any order in multiple shipments and to select the modes of transport and
carriers. We may not be able to facilitate the delivery of your order as you instruct, if your
chosen delivery address is geographically remote or otherwise difficult to make a delivery to. We
will not be responsible or liable for any delay or failure to deliver due to any cause which is
unavoidable or beyond our reasonable control. In such cases, we reserve the right, at our option,
without penalty or any liability for breach, to terminate all or any part of any order or to
reschedule delivery within a reasonable time. Deliveries outside the United States of America may
be delayed for processing by customs and other regulatory bodies and for you to pay the tariffs,
customs, duties and other charges and take other actions required for your shipment to be released
to you and we are not responsible or liable for any delay or failure to deliver due to any such
cause.
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Payment Authorization: You must correctly provide your payment information to pay for your order at
the time you place your order, which information will be used to process your payment. You
authorize us to charge all sums for the orders that you make, including all applicable list prices,
charges, fees, taxes and other specified amounts, to the payment method specified in your account
or purchase. We may seek pre-authorization of your credit card account or other payment method
prior to your purchase to verify that the payment method is valid, the purchase is within the
available credit limit or authorized payment limit, and the payment method can be used for the
purchase. We will not be responsible or liable for any delay or failure to deliver your order due
to denial of credit or other refusal of your payment method or delay in verifying your method of
payment. You authorize us to contact you and discuss with you, via phone, email, text message or
other means, the status of your chosen method of payment and any denial, delay or claims.
Payment Processing: We have partnered with a third-party payment processing service, to process
payments you make when using our Services (“Payment Processor”). We may partner with other
third-party Payment Processors from time to time and they will be identified on our Platform. By
placing your order on our Platform, designating your method of payment and affirmatively agreeing
to pay for your order, you agree to said Payment Processor processing your payment, using your
information and to its fees for processing your payment, for denied credit or rejected payments,
chargebacks and collections to be charged to your card or account and you also agree to their terms
of use, privacy policy, and related policies.
Delinquent Accounts: We may disable, suspend or block your use of our Services and/or your account
or close your account if any amount you owe is due but unpaid. In addition, we reserve the right to
charge you and to seek and collect from you all amounts you owe, plus fees and charges that are
incidental to any chargeback or collection of any such unpaid amount, including collection fees,
attorney’s fees and costs.
Transaction Limits: We may impose transaction limits on some or all customers relating to the value
of any single transaction or cumulative transactions by any customer, if we suspect fraudulent,
deceptive or illegal activity or for any transactions in violation of our Terms, our other policies
or other applicable agreements.
Returns and Refunds: There are certain customary rules and restrictions relating to returns and
refunds that we apply in connection with our Services. All of your purchases are subject to our
Return & Refund Policy. We may amend our Return & Refund Policy from time to time and it will be
posted on our website. A copy of the most current version of the Return & Refund Policy may be
accessed at www.lovange.com. Please read the Return & Refund Policy before placing an order on our
Platform. The listing of certain goods in our eCatalog or elsewhere on our website may specify
restrictions on returns and refunds on those goods. Please refer to the product listing,
information on our Platform and our Return & Refund Policy at time of purchase and from time to
time to see the most updated restrictions on returns and refunds.
Risk of Loss: You assume all risk of loss, damage, and liability for any product purchased from us
while you have title, possession, custody or control of the product or from your use or permitted
use of the product.
7. Your Information & Privacy Policy
The personal information you provide to us, including through our Platform, will be collected,
stored, used and otherwise processed according to our Privacy Policy. Your User Content (defined in
Section 10 below), which includes your ratings, reviews, sentiments, feedback, text messages,
product descriptions, graphics, photos, videos and other content you post, will be collected,
stored, used and otherwise processed according to our Privacy Policy. By using our Services, you
agree to our Privacy Policy.
8. Ownership of Our Services and Permitted Use
Our Property Rights: All intellectual property rights and other rights, title and interests
throughout the world, including copyrights, patents, trademarks, service marks, trade names, trade
dress, trade secrets, moral rights, performance rights, publication rights, attribution rights,
registration and renewal rights, authorship rights, goodwill, and economic rights (“Property
Rights”) in and to our Platform, Services and infrastructure and each component of our Platform,
Services, infrastructure, Updates, logos, content, materials, data, software, computer codes,
source codes, object codes, user interfaces, visual interfaces, look and feel, interactive
features, graphics, artwork, icons, other elements of our Services, content, compilations
(including our selection, arrangement, coordination, aggregation and expression of our content and
other content), products, techniques, tools, designs, structure, models, prototypes, texts,
drawings, and processes, are owned by us or our respective licensors and reserved exclusively for
us or our licensors.
Third-Party Rights: All intellectual property rights and other right, title and interest in and to
third-party property, including software, trademarks, tradenames associated with our Platform and
other Services are the property of their respective third-party owners. Reference to any third
party, third-party products and services are not meant to indicate any partnership, joint venture,
or other relationships between us and those companies or any sponsorship of us or our Platform,
fulfillment services or other Services by those companies.
No Joint Ownership: Except for the Limited End User License granted herein to you, no Property
Rights or other right, title or interest shall accrue to you or to any user or users of our
Services, by implication, estoppel, or otherwise (a) in or to our Platform, Services or
infrastructure or (b) from our use of any User Content or any other information, product listing
information or images generated by any users of our Services. All goodwill and other value accruing
from your use of our Services or from derivatives we create or from our use of User Content shall
accrue only to us and shall be our property without any compensation payable to you for such value.
Limited End User License: Conditioned upon and subject to your complete and ongoing performance of
your obligations hereunder, your compliance with these Terms, including the license restrictions
set forth in these Terms, and your compliance with our other policies, we grant you, solely for
your personal, non- commercial use, a limited, non-exclusive, non-transferable, non-assignable,
non-sublicensable, revocable license to use our Services in compliance with these Terms, our other
policies and applicable laws (“Limited End User License”). If you violate any of these Terms, the
Limited End User License shall automatically and immediately terminate, we may disable, suspend,
block or terminate your access, use and/or account at any time, and you may be unable to or
prevented from accessing our Services, your account, your account details, or any files or other
content that is stored with your account, without any refund or compensation to you. Your ability
and right to use our Services is subject to other third-party providers’ terms of use, privacy
policy, cookie policy and other policies, agreements and legal requirements between you and any
such third-party providers. We do not grant you any implied license or rights, except for the
rights expressly and unambiguously licensed under these Terms. We retain for us and our licensors
all rights not expressly licensed to you under these Terms.
Our Restrictions to Limited End User License: The Limited End User License does not give you the
license or right to, and you covenant and agree to not, do any of the following (except if and to
the extent that the respective restriction is expressly prohibited by applicable law):
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(a) use our Services if you are prohibited by law from doing so;
(b) solicit the performance of any illegal activity or use the Services for any purpose that is
unlawful or prohibited by these Terms;
(c) forge or manipulate identifiers to disguise the origin of any User Content or any post,
message, or transmittal you send or communicate through the Services;
(d) collect, harvest, data mine, post, sell, market, disseminate, distribute, reproduce, copy,
broadcast, publish, download, or otherwise use other user’s account information or the personal
information, personally identifiable information, or personal data of any other user or other
person;
(e) reverse look-up or trace any information or account of other user(s) or visitor(s) to its
source or exploit the Services in any way to determine or reveal any personally identifiable
information or personal data of any other user or other person;
(f) solicit the performance of any illegal activity or violate the rights of others;
(g) post any content that violates or infringes the rights of others;
(h) tamper with or modify the content posted by others;
(i) disseminate, distribute, reproduce, copy, broadcast, publish, download, or otherwise use your
account information for the benefit of any third party;
(j) sell, re-sell, assign, transfer, license, sublicense, or re-license the Limited End User
License or any right granted thereunder;
(k) sell, license, disseminate, distribute, reproduce, copy, broadcast, publish, publicly perform
or display, network, modify, enhance, supplement, create derivative works or adaptations from, make
derivative use from, adapt, translate, disassemble, alter, decompile, reverse engineer or otherwise
reduce to human readable form, commercially exploit, misuse, misappropriate, or infringe, in whole
or in part, our Platform, Services or any feature or component of our infrastructure or Services;
(l) take any action that imposes an unreasonably large volume or load on the infrastructure,
including our website or associated systems or network;
(m) use any device, software or routine to interfere with the proper working of our Platform or
associated systems or network or any transaction being conducted through the Services;
(n) interfere with or circumvent any feature of our Services, Platform, or infrastructure,
including any security or access control mechanism;
(o) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout or form) used in connection with the Services,
except as expressly permitted by the respective trademark owner;
(p) use any meta tags or hidden texts using our name or trademark or other third-party trademarks;
(q) use of data mining, robots, deep-link, page-scrape, spider, or similar data gathering and
extraction tools or other automatic device, program, algorithm or methodology or similar automatic
or manual process to monitor, access, acquire, or copy any aspect of the Services, Platform,
infrastructure, our content, or any User Content; and/or
(r) use, upload or transmit any viruses, worms, spyware, malware, Trojan horses, lockout devices,
or shutdown devices to our Platform, website, infrastructure or in connection with your use of our
Services.
9. Third-Party Services, Fees and Advertising
You are solely responsible for obtaining all third-party services and for the payment of all
third-party fees that you incur in connection with your use of our Services, such as fees you may
incur for any items you purchase, delivery, taxes, device cost, access and data fees, internet
provider and mobile carrier charges, connectivity charges, and peripheral equipment costs. We do
not control and have no responsibility for the ads and content that third parties post or permit
others to post on their platforms or while you are using our Services and we do not undertake any
obligation to monitor or sensor those ads or content. You are solely responsible for setting your
user preferences on your devices to control what content is viewed through your devices.
10. User Content & Content Guidelines
10.1. User Content: User-posted ratings, reviews, sentiments, feedback, texts, product
description, product availability, product prices, product tags, labels and their content, product
pricing, graphics on T-Shirts and other clothing and goods (including artwork, designs, words,
phrases, photographs, and other displays), graphics, photos and videos that are made available on
our Platform are referred to herein as “User Content”, “user content” or “content”. All User
Content, including your user content, is intended for public viewing and consumption with no
payment or other compensation to the user and will not be treated as confidential, and no privacy
right or protection is granted herein to any User Content. You are responsible for the content you
post, including its legality, reliability and appropriateness. Other users of our Platform or our
other Services may review or comment on your posts, may reshare your posts, and may create similar
posts and share their reviews and comments for other users to see, comment on and/or reshare. You
grant us and other users of our Platform or our other Services an irrevocable, royalty-free,
worldwide, non-exclusive license and right to use your user content. Based on your activity or lack
thereof on our Platform, other users can determine whether you are active or not on our Platform.
Because we and others place great importance on your reviews and other User Content, we ask that
you provide your reviews with objectiveness and honesty to make our marketplace a healthy and
reliable ecosystem. Your User Content must comply with the Content Guidelines set forth in these
Terms.
10.2. Content Guidelines: Your User Content must satisfy the following content guidelines
(“Content Guidelines”) and you represent to us that your User Content satisfies the following
Content Guidelines:
(a) your ratings and other content must be unbiased, objective and honest: you should not rate or
review any product, service, business or item that is your own or your employer’s and you should
not in any way provide ratings or reviews in return for compensation or benefits;
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(b) you must respect the privacy of others: in your reviews and other content, do not post
personally identifiable information, personal information or private information of others, such as
information from which an individual can be identified or from which their location can be
determined. Do not post photos, sketches, drawings, or videos of others without their permission,
including the permission of the photographer, videographer and the model, actor or other person
shown therein;
(c) your content must be your original creation, you must own all rights therein and must be
permitted to post the content via our Services. Do not post work product or work made for hire of
others without their prior written permission;
(d) to the extent that your user content includes any third-party personal information or
proprietary information, you must have duly obtained said third-party’s prior written permission to
use their personal information or proprietary information in connection with your use of our
Services;
(e) your reviews and other content must not promote or advertise for any business that competes
with us, without our prior written consent;
(f) your reviews and other content must not defame or disparage us, our Platform or our other
Services;
(g) your content
(i) must not infringe, violate, or misappropriate any third party right, including any copyright,
trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right;
(ii) must not slander, defame, libel, or invade the right of privacy, publicity or other property
rights of any other person;
(iii) must not cause us to violate any law or regulation or otherwise cause liability for us; and
(iv) should not be deemed by a reasonable person to be objectionable, profane, indecent,
pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; and
(h) your content must not contain any prohibited content as described below.
10.3. Prohibited Content: Do not post any content that is defamatory, inciteful, hateful,
violent, obscene, invasive of privacy of others, injurious to others, fraudulent, infringing,
profane, indecent, pornographic, harassing, threatening, or otherwise inappropriate, offensive or
objectionable, false or misleading, or that is not consistent with these Terms, including, but not
limited to, texts, videos, pictures, other imagery, or other content depicting, promoting,
containing or relating to any of the following:
(a) child pornography, any pornography, nudity or lewdness;
(b) death, dead or mutilated bodies or body parts of people or animals;
(c) cyberbullying;
(d) body shaming;
(e) discrimination based on race, religion, gender, sexual orientation, age, national origin,
disability, color, income;
(f) unhealthy practices or behavior;
(g) sensitive or inappropriate animal imagery or test;
(h) animal cruelty, abuse or mistreatment;
(i) promotion of use or use of endangered or at-risk species;
(j) stigmatized or trivialized mental health;
(k) illegal drugs;
(l) drug lords;
(m) weapons of violence;
(n) illegal act;
(o) spamming;
(p) stalking;
(q) counterfeit goods;
(r) hate or bigotry; and/or
(s) violence, insurrection, mobs, or riot.
10.4. Monitoring & Disclaimer as to User Content: We do not undertake any obligation to monitor,
sensor, edit or control user content or use of the Services. We reserve the right to, and from time
to time may, monitor content and any and all other information transmitted or received through the
Services for operational and other purposes. We do not assume any responsibility or liability for
user content or any loss or damage incurred or suffered as a result of user
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content. We may, at any time and without prior notice, screen, edit, block or take down your posts
and other User Content, in whole or in part, deny your access, terminate your account, or turn over
your content and account data to law enforcement if required to do so by law, if your User Content
violates laws or the legal rights of others, or if your User Content, in our opinion, violates
these Terms. When using the Services, you will be exposed to content of other users. You waive any
legal or equitable right or remedy you have or may have against us with respect to your or other
users’ User Content.
10.5. Permission and License to Use User Content: By posting content on our Platform or
submitting other materials to us, you grant us an irrevocable, royalty-free, fully-paid, worldwide,
unrestricted, assignable, fully sublicensable, transferrable, perpetual, non-exclusive license and
right to use, reproduce, publish, adapt, perform, translate, distribute, display, modify, edit,
remove, takedown, suspend, block, delete, make statistical data and other derivative works from,
and otherwise commercially exploit said content (including all ratings, sentiments, reviews,
feedback, likeness, and moral rights therein) throughout the world and across any and all media,
with the right to register and renew registration of copyrights in the derivative works we create,
with no attribution to you as the author or co-author or otherwise, and with no obligation to make
payment or provide other compensation to you. All ad revenues generated from our Platform and/or
our other Services that are paid to us shall be our sole property.
11. Term, Termination & Modification of Terms
Term: These Terms become effective immediately upon your acceptance or deemed acceptance of these
Terms. You are deemed to have accepted these Terms immediately upon your first access to or use of
our Platform and our other Services and shall remain bound by these Terms, as updated from time to
time, for as long as you use our Platform or our other Services or until these Terms are
terminated.
Termination: If you violate any of these Terms, the term/duration of the Limited End User License
will automatically terminate, you will have no license to use our Platform or utilize our other
Services, and you must immediately cease using our Platform and our other Services. We may
terminate the Limited End User License, these Terms, your account, your access to our Services, or
our Services at any time, for any or no reason, with or without notice. You may cease using our
Services at any time, by sending us notice at the email address set forth below. Upon termination,
the Limited End User License shall automatically and immediately terminate and you must immediately
cease using our Platform and our other Services.
Modification of Terms: These Terms will be updated from time to time and the issuance date of the
then current version will be shown at the top of the page and/or in the footer (e.g., v08/18/22 –
indicating an issuance date of August 18, 2022). Your continued access to or use of our Platform or
our other Services after the issuance date of the updated Terms is evidence of your agreement to
the updated Terms; however, if any update to these Terms is unacceptable to you, you agree not to
use our Services. These Terms may be made available in multiple languages, but the English language
version shall govern your relationship with us and, in the event of any conflict among versions of
these Terms, the most recently updated English language version shall govern and control. The most
current version of these Terms may be accessed at www.lovange.com.
12. Indemnity
You are responsible for your use of our Platform and our other Services, the use of your account,
and your user content and, to the fullest extent permitted by applicable law, you shall indemnify,
defend (with counsel that we approve) and hold us and our principals, officers, directors,
employees, contractors, agents, licensors and affiliates (“Indemnitees”) harmless from and against
any and all loss, liability, damages, settlement amounts, demands, claims, causes of action,
judgments, awards (whether any of the foregoing is foreign or domestic), costs and expenses,
including reasonable attorney’s fees, incurred or suffered by Indemnitees to the extent arising out
of or based upon (a) you violating or compromising the privacy rights of any individual, (b) you
disparaging or defaming any of our principals, officers, directors, employees, agents or
affiliates, (c) your unauthorized use or misuse of our Platform or our other Services, (d) your
unlawful act, negligence, fraudulent act, or willful misconduct, (e) your User Content, and/or (f)
a claim that your unauthorized use of our Services, including, but not limited to, your use of User
Content or the content of others, infringes a patent, copyright, trademark, service mark, trade
secret, trade name or other legally protected proprietary right of any person or entity. We reserve
the right to assume or control the defense of any claim subject to indemnification pursuant to
these Terms, at your cost and expense, without waiving your indemnity or hold harmless obligations
hereunder, and you agree to fully and promptly cooperate and participate with us in the defense and
resolution of the matter.
13. Disclaimer of Warranties
OUR PLATFORM AND OUR OTHER SERVICES ARE OFFERED “AS IS”, “WHERE IS”, “WITH ALL FAULTS” and “ON AN
AS-AVAILABLE BASIS”. WE DISCLAIM ANY AND ALL WARRANTIES FOR OUR SERVICES, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
NON-INFRINGEMENT, COMPATIBILITY WITH YOUR DEVICE, TITLE, QUIET ENJOYMENT, OR ANY WARRANTY ARISING
OUT OF COURSE OF DEALING, USAGE OR TRADE. WE DO NOT WARRANT THAT OTHER USER’S CONTENT WILL BE
ALWAYS APPROPRIATE, MONITORED OR SENSORED OR WILL NOT BE OBJECTIONABLE. WE DO NOT PROMISE THAT OUR
PLATFORM, OUR WEBSITE OR OUR OTHER SERVICES, FEATURES, FUNCTIONALITIES, OR OUR CONTENT WILL BE
SECURE, VIRUS-FREE, ERROR-FREE, FREE OF CONTAMINATION OR DESTRUCTIVE FEATURES, OR UNINTERRUPTED, OR
THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF OUR PLATFORM, OUR WEBSITE OR OUR OTHER
SERVICES WILL YIELD ANY SPECIFIC RESULTS. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS
AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH YOUR USE OF OUR SERVICES. WE DISCLAIM ANY AND
ALL DAMAGES TO YOUR DEVICE OR LOSS OF DATA OR USER CONTENT. YOU ASSUME ALL RISKS AND TOTAL
RESPONSIBILITY FOR YOUR USE OF OUR PLATFORM, OUR OTHER SERVICES, THE PAYMENT PROCESSOR’S SERVICES
AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH OUR SERVICES OR ANY
CONTENT IS TO STOP USING OUR PLATFORM, OUR WEBSITE AND OUR OTHER SERVICES OR STOP VIEWING OR USING
SAID CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE APPLY TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAWS. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM
DISCLAIMING UNDER APPLICABLE LAWS.
14. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE CLAIMING THROUGH YOU FOR CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS PROFITS OR
INCOME, EVEN IF APPRISED OF
THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. If, notwithstanding the other provisions of these Terms,
we are found to be liable to you for any damage or loss which arises out of your use of our
Platform, our website or our other Services as permitted under these Terms, our liability shall not
exceed ONE HUNDRED AND NO/100 DOLLARS ($100.00 US). This limitation of liability shall not apply
where or to the extent it is prohibited by applicable law.
© Copyright 2022 Lovange, LLC. All Rights Reserved Page 6 of 8 Terms of Use Effective
08/18/22
15. Arbitration and Waiver of Class Actions
All disputes arising out of or relating to these Terms, including for breach, termination,
enforcement, interpretation and/or validity of these Terms, and for the determination of the scope
or applicability of this covenant to arbitrate, (except those matters for which we may seek relief
directly in Court as provided below) shall be submitted to and determined by binding arbitration,
on an individual basis, under the Federal Arbitration Act, and administered by the American
Arbitration Association (“AAA”), which shall be conducted pursuant to the AAA consumer arbitration
rules, in Dallas, Texas, USA, before one arbitrator. The AAA's rules are available at www.adr.org.
The party initiating the arbitration must make a written demand for arbitration, in which they
describe the dispute and claims, and submit the demand to us at info@lovange.com and also to our
registered agent for service of process and AAA. Payment of all filing, administration and
arbitrator fees will be governed by the AAA's rules. Said arbitration shall be conducted using the
AAA’s expedited procedures, in English, and in a confidential manner. The arbitration may be
conducted in person, by submission of documents, by phone conference, or by online conference. The
arbitration decision will be final and binding on the parties, and the decision may be enforced by
any party in any court of competent jurisdiction. Each party shall pay one- half of the
arbitrator’s fees and costs, and all of the party’s own costs, the party’s attorney’s fees and
other fees and expenses incurred by said party in connection with the arbitration. The AAA shall
not award consequential damages or punitive damages against any party.
There is no judge or jury in arbitration, and court review of an arbitration award is limited.
However, an arbitrator can award on an individual basis the same damages and relief as a court but
must follow these Terms as a court would.
YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR
RESPECTIVE INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT
CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED AND MAY
NOT OTHERWISE PRESIDE OVER