1. GENERAL
These
Terms of Service govern your use of our website located at www.lover-pretty.com and
form a binding contractual agreement between you, the user of the
Site and us. For that reason, these Terms are important
and you should read them carefully and contact us with any questions
before you use the Site.
By
viewing or browsing the Site, you acknowledge that you have had sufficient
chance to read and understand these Terms, and that you agree to be bound by
them. If you do not agree to these Terms, you may not access or otherwise use
the Site and the Services offered on the Site.
Under this
agreement, the payment processing services for goods and/or services purchased
on this website are provided by lover-pretty,
located at Xiamen City, Fujian, P.R.China, depending
on the type of payment method used for the purchase of the goods and/or
services.
2. DEFINITIONS
In these
Terms: Content means any and all data, text, software, images, audio or
video material and other content, in any medium, provided by lover-pretty to you. Intellectual
Property means all intellectual property rights, including all copyright,
patents, trade marks, design rights, trade secrets, domain names, know-how and
other rights of a similar nature, whether registerable or not and whether
registered or not, and any applications for registration or rights to make such
an application.
Site means www.lover-pretty.com.
Terms means these Terms of Use and the
documents referred to in it.
User means a person who gains access to the
Site.
You means you, the person using the Site.
Us, We and Our means Lover-pretty.
3. ACCESSING THE SITE
You
acknowledge and agree that although we will use all reasonable efforts to
ensure that the Site is available, temporary interruptions of the Site may
occur. We shall not be liable to any person or entity for loss or damage
incurred by such downtimes.
All
Content and services provided on or through this site are provided "as
is" and "as available" for your use. The Content is provided
without warranties or conditions of any kind either express or implied,
including but not limited to implied warranties and conditions of
merchantability, fitness for a particular purpose or non-infringement. Your use
of this site is solely at your risk.
We
reserve the right to withdraw or amend the Services and Content we provide on
the Site without notice. We may restrict access to some parts of or the entire
Site, from time to time.
4. PAYMENT GATEWAYS
We may
provide you with access to third party payment gateways such as PayPal. These
services are not under our control and are not maintained by Lover-pretty. You agree to read the
terms and conditions governing your selected payment gateway prior to
facilitating any transactions through them.
5. INTELLECTUAL PROPERTY
Nothing
in these Terms constitutes a transfer of any Intellectual Property rights from
us to you. We own and retain all proprietary rights to the Site, the
Content, and all associated Intellectual Property rights. You are permitted to
use the Site only as authorized by us. As a User, you are granted a limited,
non-exclusive, revocable, non-transferable right to use the Site and Services
to create, display, use, play, and download Content subject to these Terms.
Our
Intellectual Property must not be used in connection with a product or service
that is not affiliated with us or in any way brings us in disrepute.
You must
not modify the physical or digital copies of any Content you print off or
download in any way, and you must not use any illustrations, photographs, video
or audio, or any graphics separately from any accompanying text.
6. PRIVACY
The terms
on which we collect, use and disclose your personal information are set out in
our Privacy Policy .
7. SALE TERMS
At the
moment of purchase, you are entering into an agreement with Lover-pretty.
You
acknowledge and agree that any purchases of products made through the Site are
covered by our Delivery and Returns and Exchanges terms and conditions and
clause 10 below.
8. LIMITATION OF LIABILITY AND INDEMNITY
You agree
that we shall not be liable for any damages suffered as a result of using the
Site.
In no
event shall we be liable for any indirect, punitive, special, incidental or
consequential damage (including loss of business, revenue, profits, use,
privacy, data, goodwill or other economic advantage) however it arises, whether
for breach of contract or in tort, even if it has been previously advised of
the possibility of such damage.
You have
sole responsibility for adequate security protection and backup of data and/or
equipment used in connection with your usage of the Site and Services and will
not make a claim against for lost data, re-run time, inaccurate instruction,
work delays or lost profits resulting from the use of the Site.
Without
limiting the foregoing, in no event will our aggregate liability to you exceed,
in total, the amounts paid by you to us.
As a
condition of your access to and use of the Site, you agree to indemnify Lover-Pretty and its successors
and assigns for all damages, costs, expenses and other liabilities, including
but not limited to legal fees and expenses, relating to any claim arising out
of or related to:
(a) your access to and use of the Site; or
(b) your breach of these Terms and any
applicable law or the rights of another person or party.
9. TERMINATION
You agree
that we may, at any time and at our sole discretion, with or without cause or
any notice to you, terminate your access to the Site.
We shall
not be liable to you or any third party for any claims or damages arising out
of any termination or suspension or any other actions taken by us in connection
therewith.
If
applicable law requires us to provide notice of termination or cancellation, we
may give prior or subsequent notice by posting it on the Site or by sending a
communication to any address (email or otherwise) that we have for you in our
records.
10. FORCE MAJEURE
We shall be under no liability to you in
respect of anything that, if not for this provision, would or might constitute
a breach of these Terms, where this arises out of circumstances beyond our
control, including but not limited to:
Acts of
god;
Natural
disasters;
Sabotage;
Accident;
Riot;
Shortage
of supplies, equipment, and materials;
Strikes
and lockouts;
Civil
unrest;
Computer
hacking; or
Malicious
damage.
11. GOVERNING LAW
These
Terms is governed by the laws of China and each party submits to the
jurisdiction of the courts of China.
12. UPDATES TO THESE TERMS
We
reserve the right, in our discretion, to correct any errors or omissions in any
part of the Site and Services. Any material on the Site and Services may be out
of date at any given time and we are under no obligation to update such
material.
We
reserve the right, in our sole discretion, to change, modify, add or remove any
part of these Terms, in whole or in part, at any time. Notification of the changes
to these Terms will be posted on the Site and will be effective immediately,
unless expressed otherwise.
It is
your sole responsibility to periodically check these Terms for any changes. If
you do not agree with any of the changes to these Terms, it is your sole
responsibility to unsubscribe from the Site and Services. Your continued use of
the Site and Services will be deemed as your acceptance thereof.
We may assign or sublicense any of our
rights or obligations under these Terms at any time, without obtaining your
consent.
