Terms of Use Agreement
Warning: this site ("lovense.com") may contain sexually explicit material that is intended for individuals 18 years of age or older. If you are under the age of 18, if such material offends you, or if it is illegal to view such material in your jurisdiction, do not continue.
THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS WHICH AFFECT YOUR LEGAL RIGHTS AND REMEDIES. USING THIS WEBSITE CONSTITUTES ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS.
The terms "you","your" and "yours" refer to all users, and/or any visitor to this Site. The terms "its" "we," "us," "our" and "site" and "Hytto, Ltd." refer wholly or in part to Hytto, Ltd., owner and operator of Lovense, lovense.com and its related subsidiaries and affiliates and their products, services and applications,. The "Lovense Terms of Use Agreement" shall be referred to as the "Agreement" herein
I.User Conduct
Your use of this Site and the products and services available through this Site (collectively, the "Services") is expressly conditioned on your acceptance of the following terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this Site or use any products or service provided by us. In order to use this site, you must be at least 18 years of age. A breach of any term in this Agreement is the sole determination of Lovense and will result in termination of your account and site access and up to and including civil liability.
Access to this Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period. From time to time, we may restrict access to this Site in part or in whole. This Site may contain links to other websites (the "Linked Sites"), which are not operated by "lovense.com," and we have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such third-party site.
II.Privacy
By using this website you agree and consent that your use, including information transmitted to or stored by Hytto, Ltd. and its sites or affiliates, is governed by the Lovense Privacy Policy. This policy is published on the site, www.lovense.com , under the heading "Privacy".
III.PROHIBITIONS
You agree not to misuse this Site. You will not: commit or encourage a criminal offense; transmit or distribute a virus, worm, or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
IV.INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Site remains the property of Hytto, Ltd. or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Hytto, Ltd. and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.
V.TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Hytto, Ltd. (and its affiliated entities) you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Hytto, Ltd. retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Hytto, Ltd., Lovense or may in some cases be a third party. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
- (a) Our Contract
- When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
- (b) Pricing and Availability
- We endeavor to ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a refund if the item has not been shipped out. If the item has been shipped out, we will do our best to resolve the issue in a fair way.
- Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
- (c) Payment
- Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the charging of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
VI.DISCLAIMER OF LIABILITY
The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Hytto, Ltd. and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site or and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Hytto, Ltd.'s liability for death or personal injury arising from its gross negligence, fraudulent misrepresentation, misrepresentation as to a fundamental contract term or any other liability which cannot be excluded or limited under applicable law.
VII.WARRANTIES and Disclaimers
You assume sole responsibility and liability for results obtained from the uses of Hytto, Ltd.'s Services and for conclusions drawn from such uses. Hytto, Ltd. will have no liability for any claims, losses or damages arising out of or in connection with your use of third-party products, services, software or websites that are accessed via links from within Hytto, Ltd.'s Services.
HYTTO, LTD. REPRESENTS AND WARRANTS THAT IT WILL DELIVER AND PERFORM THE SERVICES AND PRODUCTS IN A PROFESSIONAL AND WORKMANLIKE MANNER. OTHER THAN AS EXPLICITLY PROVIDED HEREIN, HYTTO, LTD. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE HYTTO, LTD.'S SERVICES AND PRODUCTS. WITHOUT LIMITING THE FOREGOING, HYTTO, LTD. DISCLAIMS ANY WARRANTY THAT HYTTO, LTD.'S SERVICES AND PRODUCTS WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. HYTTO, LTD. FURTHER DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE HYTTO, LTD. SERVICES AND PRODUCTS AS TO MERCHANTABILITY, ACCURACY OF ANY INFORMATION PROVIDED, OR FITNESS FOR A PARTICULAR PURPOSE. HYTTO, LTD. FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO PRODUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HYTTO, LTD. OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HYTTO, LTD. UNDER SUCH CIRCUMSTANCES FOR LIABILITIES WHICH OTHERWISE WOULD HAVE BEEN LIMITED, SHALL NOT EXCEED $100.
VIII.LICENSE FOR HYTTO'S SERVICES
If you have purchases or obtained a license to use certain Services from Hytto, Ltd., your use will be subject to this provision and any License executed or agreed to by you. Subject to your compliance with these Terms and for the duration of the term for your license, Hytto, Ltd. grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your personal individual purposes. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hytto, Ltd or its licensors, except for the licenses and rights expressly granted in these Terms. Hytto, Ltd exclusively owns and shall retain exclusive ownership of all rights, title and interests in and to the Hytto, Ltd Services, Products and Licenses and any content hosted thereon, including without limitation all intellectual property rights therein.
IX.LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
X.INDEMNITY
You agree to defend, indemnify and hold Hytto, Ltd., its officers, directors, employees and agents harmless from and against any third party claims liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected to your negligence; and breach or violation of this Agreement.
XI.LIMITATION OF LIABILITY
Hytto, Ltd. shall not be liable for any, incidental, special, punitive or consequential damages. In no event shall our liability exceed the amount paid by you to Hytto, Ltd. This limitation of liability shall not apply to Hytto, Ltd.'s gross negligence or willful misconduct.
XII.AMENDMENT TO TERMS
We shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
XIII.INVALIDITY
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
XIV.COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
XV.WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
XVI.APPLICABLE LAW
By visiting the Site, you agree that these Terms of Use and any dispute of any sort that may arise between you and Hytto or its affiliates shall be governed by the law of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction of the Hong Kong Court.
XVII.ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Hytto, Ltd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an Officer of Hytto, Ltd.