TERMS AND CONDITIONS

Introduction

 

Welcome! You have arrived at a website or mobile Internet site operated by Lurelly.

 

It is important that you carefully read these Terms of Use (“Terms”) before using the Site, as they affect your legal rights and obligations and govern your use of the Sites. These Terms apply to (i) the Sites; and (ii) interactive features or downloads that are owned or controlled by Lurelly, are available through the Sites, or that interact with the Sites and post these Terms. These Terms do not apply to any offline activities by Lurelly (unless specifically stated). You agree to these Terms by accessing or using the Sites. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITES.

 

 

  1. Account Registration

 

Certain areas of the Sites may require registration or may otherwise ask you to provide information to participate in certain features, such as to purchase products, in order to participate in a loyalty rewards program, receive electronic newsletters or mobile alerts, to participate in social networking activities, or to access certain Materials, use our User Forums, or post User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to participate in certain features of the Sites. When you provide information to the Sites, you agree to provide only true, accurate, current and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).

 

If you register on the Sites and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account (“Account”) or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights to your Account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Sites using your name in whole or in part. Lurelly reserves the right to terminate your Account or otherwise deny you access in its sole discretion without notice and without liability.

 

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.

 

  1. Ordering Products and Services

 

(a) Products and Services Offered on the Sites

 

You need a valid credit or payment card (except to the extent we permit purchases with PayPal, gift cards, gift certificates, promotional codes or similar forms of payment), with full authority to use it, to submit an order for merchandise, digital music and media or other products or services through our Sites. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You may be asked to supply certain information relevant to your transaction including, without limitation, your credit or payment card number, the expiration date of your credit or payment card, your billing address, and your shipping information. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf to purchase products or services from the Sites. You understand that we will not be liable in the event that others acting with or without your permission use your credit or payment card to make purchases on the Sites. Certain products that you purchase and/or download on or through the Sites may be subject to additional terms and conditions presented to you at the time of such purchase or download.

 

(b) Prices; Colors; Availability

 

All prices listed on the Site are subject to change. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit or payment card has already been charged for the purchase and we cancel your order, we shall issue a credit to your credit or payment card account in the amount of the charge. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.

 

 

(c) Order Acceptance Policy

 

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that (a) we will issue a credit to your credit or payment card account in the amount charged for the cancelled portion or the quantity not provided (if your credit or payment card has already been charged for the order) or (b) we will not charge your credit or payment card for the cancelled portion of the order or the quantity not provided.

 

(d) Payment Terms

 

For each product or service that you order on the Sites, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Lurelly will automatically bill your credit card or other form of payment submitted as part of the order process for such price. If payment is not received by your credit or payment card issuer or its agents, you agree to pay all amounts due upon demand by us.

 

(e) Sales Taxes

 

Sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges are not included in the price of the products. We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the United States in accordance with our order policy in effect at the time of purchase. Each customer shall be solely responsible for all sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges (except for taxes on Lurelly’s net income), on orders shipped outside the United States.

 

(f) Exchange/Return Policy

 

All purchase transactions are subject to Lurelly’s exchange/return policy in effect at the time of purchase. For reference, the current form of Lurelly’s exchange/return policy is available at http://www.lurelly.com/. We may modify our return policies from time to time so you should check these each time prior to making a purchase. Please pay close attention to detail, spelling and color to ensure correct approval before printing custom apparel.

 

  1. Promotions

 

The Sites may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

 

  1. Ownership of Site Materials

 

(a) Materials. The Sites (including past, present and future versions) and all materials that are included in or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; digital media offered by streaming (but specifically excluding Digital Media Purchases) designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Sites; the compilation, assembly and arrangement of the materials of the Sites; and all other materials related to the Sites (collectively, the “Materials”) are owned, controlled or licensed by Lurelly, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Lurelly, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for Lurelly and/or its members, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Lurelly’s rights to exploit fully any or all of the Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of Lurelly’s rights therein, or in breach of, any terms and conditions contained in this Terms.

 

(b) Copyright/Trademarks. The entire contents of the Sites (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Lurelly owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Sites. Third-party content providers own the copyright in content that is original to them. Trademarks and service marks, such as the Lurelly logos, and the Sites’ URLs are the service and trademarks of Lurelly. Without Lurelly’s prior written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to Lurelly. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Lurelly, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites.

 

Limited Use License:

Unless otherwise indicated, including, without limitation, all text, photographs, artwork, images, video and audio; all materials provided in connection with or related to the products offered hereby; and all software, HTML code, and scripts (collectively, the “Materials”) are the exclusive property of Lurelly, and are protected by copyright, trademark, trade dress and other laws, as well as other U.S. and international laws and treaties.  All Materials are provided by Lurelly to its current and prospective customers and may be used only for informational purposes, in ordering products.  No right, title or interest in our Materials is conveyed to any current or prospective customer or a visitor to our Website.  No user: (a) may copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit any of the Materials without our express prior written permission; or (b) access or use the Materials for any competitive or commercial purpose.  Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Materials is prohibited.

Trademarks:

Lurelly retains all rights regarding its trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Lurelly and are protected by U.S. and international laws and treaties. No use of such marks, names or trade dress is granted under these Terms or by use of this Website.  Misuse of the trademarks displayed on this Website is strictly prohibited. This Website may also contain references to other trademarks, trade names, brand names and/or trade dress from entities other than Lurelly. These trademarks, trade names, brand names and/or trade dress are the property of the respective owners and references to them do not suggest sponsorship or association with Lurelly.

Special Notice:

Lurelly has a no-tolerance policy regarding the use of its trademarks and trade dress in meta tags and/or hidden text. Specifically, the use of its trademarks and trade dress in metatag keywords or in search engine tags or links is trademark infringement, and the use of its trademarks and trade dress in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page is prohibited without express written permission.  Lurelly will enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Notice of Copyright Infringement:

If you are a copyright owner or an agent thereof and believe that any Material infringes upon your copyrights, you may notify Lurelly by providing the following information in writing:

o   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

o   Identification of the location where the original or an authorized copy of the copyrighted work exists;

o   Identification of the Material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Lurelly to locate the same;

o   Information reasonably sufficient to permit Lurelly to contact you, such as an address, telephone number, and, if available, an email address;

o   A statement that you have a good faith belief that use of the Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

o   A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Our agent for notice of claims of copyright infringement can be reached as follows: _____________________________________.

Limitation of Liability:

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LURELLY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO US OR ACCESS THE WEBSITE, NOR SHALL LURELLY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND LURELLY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE WEBSITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL LURELLY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF LURELLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT THEREOF, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU

 

 

  1. Information You Submit

 

(a) User Content. The Sites may provide you and others with the opportunity to participate in forums, blogs, message boards, social networking, and other communication (collectively, “User Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Lurelly or the Sites, including, without limitation, Designs (defined below), photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”).

 

(b) Terms Applicable to User Content. Except as otherwise described in our posted Privacy Policy, or other agreement on the Sites at which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Lurelly these licenses. Upon Lurelly’s request, you will furnish Lurelly any documentation, substantiation or releases necessary to verify your compliance with these Terms. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Lurelly.

 

(c) License to Lurelly for User Content. You grant to Lurelly the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that Lurelly is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Sites or Lurelly, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant Lurelly the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or compensation to you. You also grant to Lurelly the right to sub-license and authorize others to exercise any of the rights granted to Lurelly under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Lurelly under these Terms. You further authorize Lurelly to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

 

(d) Lurelly’s Obligations Regarding User Content. You agree that Lurelly has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content. You further acknowledge and agree that Lurelly will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and Lurelly may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that Lurelly reserves the right to treat User Content on the Sites, or on certain portions of the Sites, as content stored at the direction of users for which Lurelly will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our User Forums Rules (defined below) when notice of such violations are directed to Lurelly’s attention.

 

Lurelly is not in any manner responsible for the User Content. Any opinions, advice, statements, or other information contained in User Content made available on the Sites are those of the respective author(s) or distributor(s) and not of Lurelly. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Content.

 

You acknowledge that by providing you with the ability to view User Content on the Sites, Lurelly is not undertaking any obligation or liability relating to any such User Content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. User Content posted may not be maintained on the Sites by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that Lurelly is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.

 

(e) Your Obligations Regarding User Content. You agree that you need to evaluate, and bear all risks associated with, the use of any of User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. As Lurelly may not pre-screen User Content, you bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in User Content.