Terms and Conditions
Terms of Services
In this Terms of Service, “we”, “us”, “our” and other similar references mean LoveBeLoved LLC and “you” and “your” and other similar references mean a specific user of the Site.
1. Description of Services.
In the Site, LoveBeLoved LLC provides users with access to sales of fashion goods online (the "Service"). You are responsible for obtaining access to the Site, which may involve third-party fees (such as Internet service provider or airtime charges). Additionally, you must secure access to and are responsible for all equipment necessary to access the Site.
2. License and Site Access.
LoveBeLoved LLC grants you a limited license to access and make personal use of our Site and Services. This license does not include any downloading or copying of information for the benefit of another vendor or any other third party. Prohibited activities include but not limited to: caching; unauthorized hypertext links to the Site and the framing of any content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contain viruses, malicious software, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment; any action that imposes or may impose (in LoveBeLoved LLC’s sole discretion) an unreasonable load on LoveBeLoved LLC’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to bypass any measures used by LoveBeLoved LLC to prevent or restrict access to the Site. Any unauthorized use by you shall automatically terminate the permission or license granted to you by LoveBeLoved LLC.
3. Membership Eligibility.
The LoveBeLoved.com Service is not available to minors under the age of 18 without parental consent or to any users suspended or removed from our system by LoveBeLoved LLC for any reason. Users may not have more than one active account at any given time. Additionally, users are prohibited from transferring, trading, or otherwise selling their LoveBeLoved.com account to another party. If you are not eligible, you may not use the LoveBeLoved.com Service or the Site.
4. Your Account.
By using the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving our services under the laws of the United States or any other applicable jurisdiction. You also agree to submit true, accurate, current and complete information about yourself as prompted by the Site's forms. If you provide to us any information that is untrue, inaccurate, not current or incomplete (or later becomes untrue, inaccurate, not current or incomplete), or LoveBeLoved LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LoveBeLoved LLC reserves the right to suspend or terminate your account without notice and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your device. You agree to accept full responsibility for all activities, including purchases, which occur under your account or password. Accordingly, we strongly recommend that you logout from your account at the end of each session. You agree to notify LoveBeLoved LLC immediately of any unauthorized use of your account or any other breach of security. LoveBeLoved LLC reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion and without notice.
5. Submitted Content.
LoveBeLoved LLC does not claim ownership of materials you make available via the Site. Such materials may be included in the Service in whole or in part or in a modified form, at LoveBeLoved LLC’s sole discretion. With regard to such materials you submit or make available for inclusion on the Site, you grant LoveBeLoved LLC a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense said materials or any part of such materials. You hereby represent, covenant and warrant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 5.
6. Disclaimer of Warranty.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
LOVEBELOVED LLC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN LOVEBELOVED LLC, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL LOVEBELOVED LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
7. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOVEBELOVED LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOVEBELOVED LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
You agree to indemnify and hold LoveBeLoved LLC (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
9. Electronic Communication.
10. Site-Provided Email and Postings.
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. LoveBeLoved LLC is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, LoveBeLoved LLC may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnical or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
(ii) Advertisements or solicitations of any kind.
(iii) Impersonate others or provide any kind of false information.
(iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
(v) Messages by non-spokesperson employees of LoveBeLoved LLC purporting to speak on behalf of LoveBeLoved LLC or containing confidential information or expressing opinions concerning LoveBeLoved LLC.
(vi) Messages that offer unauthorized downloads of any copyrighted or private information.
(vii) Multiple messages placed within individual folders by the same user restating the same point.
(viii) Chain letters of any kind.
(ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using LoveBeLoved.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using LoveBeLoved.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
The Site or third parties may provide links to other World Wide Web sites or resources. Because LoveBeLoved LLC has no control over such sites and resources, you acknowledge and agree that LoveBeLoved LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that LoveBeLoved LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Access To Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
13. Modification and Notification of Changes.
(i) sending an email to the address associated with your account. LoveBeLoved LLC is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add LoveBeLoved.com to the list of domains approved to send you email (commonly known as your "whitelist"); and
with (i) and (ii) being deemed sufficient notification, of such changes.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of LoveBeLoved LLC and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of LoveBeLoved LLC or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
15. Procedure for Claims of Intellectual Property Infringement.
LoveBeLoved LLC respects the intellectual property of others, and we ask our users to do the same. LoveBeLoved LLC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing on the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide LoveBeLoved LLC’s Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
LoveBeLoved LLC’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent
c/o LoveBeLoved LLC
18141 Irvine Blvd.
Tustin, CA 92780
By phone: (800) 230-5062
By email: support@LoveBeLoved.com
LoveBeLoved LLC may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 12.
16. Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time LoveBeLoved LLC may offer special promotional offers which may or may not apply to your LoveBeLoved LLC account. You agree to be bound by any additional Terms of Services for these special offers. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and LoveBeLoved LLC will be governed by the laws of the State of California without regard to its conflict of law provisions. You and LoveBeLoved LLC agree to submit to the personal jurisdiction of the federal and state courts located in the State of California with respect to any legal proceedings that may arise in connection with this TOS. The failure of LoveBeLoved LLC to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. LoveBeLoved LLC does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and LoveBeLoved LLC and governs your use of the Site, superseding any prior agreements between you and LoveBeLoved LLC with respect to the Site.
For our customers in California we provide the following additional information pursuant to California Civil Code Section 1789.3. To resolve a complaint about our service or to receive further information about our service, you may mail us at our corporate headquarters address stated above. Additionally, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 400 R Street, Sacramento, CA 95814. Their telephone number is 916-445-1254.
11/18/2011: Initial version posted