You certify that you are a person at least 13 years of age. The Website may only be used or accessed through an electronic device controlled of you at all times. A valid Luvi account may only be created and maintained if you provide valid information about you in the signup process, and you regularly update such information to assure its accuracy. Luvi reserves the right to terminate any account that does not include a valid email address on file.
You shall be responsible for maintaining the confidentiality of usernames and passwords associated with your account. Each user must have unique login credentials that may not to be shared by multiple users. You are responsible for all activities that occur under your account.
During the term stated in your account admin panel, or if no term is stated on a one-time temporary basis, you are granted a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, subject to the terms and conditions of this Agreement, to access and use the Website. You are not granted a license or any other right to copy or store any of the Website (including any portion of the software or documentation) on any computer or other device.
Luvi shall own and retain all right, title and interest in and to its Website(s) and related software, all improvements, enhancements or modifications thereto, and all intellectual property rights associated with the foregoing. Except for the limited access rights expressly granted in this paragraph, You obtain no rights to the Website or Luvi’s intellectual property rights by implication, estoppel or otherwise.
By posting or publishing your content or comments or transmitting your data (“Content”) through this Website, you give us permission to display and distribute your Content in order to provide the features, functionality and services of the Website. By posting and publishing your Content, you represent and warrant that your Content does 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.
Luvi does not allow any of the following Content, or links to such Content, to be published on the Website:
Luvi shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Website and related systems. Luvi will use such data to administer, improve and develop its products and services, including the Services; and Luvi may share aggregated information and non-identifying information with third parties. You acknowledge that Luvi may also share any Content and Your information if the disclosure is necessary to comply with a valid court order or subpoena.
Luvi does not allow any of the following:
The final decision of whether an account is in violation of any of these policies is at the sole discretion of Luvi. You agree that violations by you or any person or entity acting under your account of the terms of this Agreement will, in addition to any other remedies including criminal prosecution, result in termination of your access to the your website and removal (taking down) of all projects. In addition, violation of these terms or any of Luvi’s policies may result in tracking information being stored to identify the offending person, and permanent restriction from holding an account on the Website.
You are prohibited from using Luvi for the propagation, distribution, housing, processing, storing, or otherwise handling any material in any way which Luvi deems, in its sole discretion, to be objectionable. This also includes links or any connection to such materials. The designation of any materials as objectionable is left entirely to the sole discretion of the Luvi management. Although Luvi has no obligation to monitor your use of the Website or Services, Luvi may do so and may prohibit any use it reasonably believes may be in violation of this Agreement.
The Website may contain links to third-party websites. Such linked websites are not under Luvi’s control, and Luvi is not responsible for their content.
THE WEBSITE AND ALL CONTENT, SOFTWARE AND SERVICES OFFERED THROUGH THE WEBSITE ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND Luvi EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Luvi DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES Luvi MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR ITS CONTENT OR THE SERVICES. Luvi HAS NO OBLIGATION TO MONITOR, CONTROL, OR VET USER CONTENT OR DATA, AND Luvi MAKES NO CLAIMS OR WARRANTIES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE CONTENT, SOFTWARE AND SOLUTIONS OFFERED THROUGH THE WEBSITE, ITS SAFETY OR SECURITY, OR THE WEBSITE’S INTEROPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You shall indemnify, defend and hold harmless Luvi and its officers, directors and employees, from and against all third party claims, losses, damages, costs and liabilities, including reasonable attorneys’ fees, arising out of or relating to your use of the Website, your use of the Services, your Content, or any products or services offered by you to a third party, or obtained by you from a third party, via the Website.
Luvi’S AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES, LIABILITIES OR DAMAGES IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY SOFTWARE, SERVICES OR CONTENT ON THE WEBSITE, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY, IS LIMITED TO NO MORE THAN THE LESSER OF (A) THE TOTAL FEES PAID BY YOU IN THE THEN-CURRENT MONTH OR (B) ONE HUNDRED DOLLARS (US $100).
IN ADDITION, Luvi WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR LOST PROFITS, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES.
This Agreement shall be governed and construed in accordance with the laws of the State of California without giving effect to conflict of law principles. You and Luvi agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California for the purpose of litigating all disputes.
This Agreement, together with any other agreements you have with Luvi such as the Self-Serve Subscription Agreement, constitute the entire and exclusive agreement between You and Luvi regarding use of and access to the Website and Services. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without Luvi’s prior written consent. Luvi may assign this Agreement at any time without notice. The failure to require performance of any provision will not affect Luvi’s right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Neither Luvi nor you will be in violation of the Agreement if a failure to perform any obligation (other than failure to pay) is due to an event beyond such party’s control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other similar events. Upon termination or expiration of this Agreement, any provision that by its nature or express terms should survive will survive such termination or expiration
By using the Website or the Services, you consent to receiving certain electronic communications from Luvi and agree that any notices, agreements, disclosures, or other communications that Luvi sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We may revise these Terms from time to time. If we do, those revised Terms will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. We will provide you advance notice of any material revisions. This notice will be provided in your Luvi account portal or via an e-mail to the e-mail address owner of your Luvi account. For other revisions, we will update the effective date of these Terms at the top of the page. We encourage you to check the effective date of these Terms whenever you visit Luvi’s website or log in to your Luvi account. Your continued access or use of the Services constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Services.
The Website is offered by LEXCLUSIVE LTD STI, located at Agva Merkez Mah. Yakuplu Cad. No:250 Sile, Istanbul, Turkey. You may contact us by sending correspondence to the foregoing address or by emailing us at firstname.lastname@example.org. Report misuse of the Services or Website at email@example.com . If you are a California resident, you may have this Agreement mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for this Agreement.