TERMS OF USE

The following terms of use (the "Terms") constitute a binding agreement between you and Loovum, LLC. (collectively, "Loovum," "we," or "us") with respect to your use of our website available at Loovum.com, our social media pages and accounts, and our mobile applications (collectively, the "Site"). These Terms also apply to the services available on and through the Site (the "Services"). You must be at least 18 years of age to access and use the Site and Services. By accessing and using the Site and Services, you agree to the terms and conditions set forth in these Terms and our Privacy Policy , which is incorporated herein by reference. If you do not agree with any of these Terms or our Privacy Policy, you may not access or use the Site or Services for any purpose.

Additional policies, terms, and conditions applicable to certain Services, specific areas of the Site, or to particular content or transactions, may also be posted in particular areas of the Site and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional polices, terms, and conditions applicable to that area of the applicable Site will be controlling with respect to that particular area.

CHANGES TO TERMS

We may revise and update these Terms from time to time in our sole discretion. The date these Terms were last updated is set forth at the top of this page. All changes are effective immediately and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

SCOPE OF AND RESTRICTIONS ON USE

Subject to these Terms, Loovum grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos,

  • redistribute, reuse, or modify the Content for any purpose, without the express written permission of Loovum; collect information from the Site using an automated software tool or manually on a mass basis;
  • use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site;
  • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you; "flood" the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems;
  • send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
  • provide, and you will not use Loovum to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce;
  • use the Site to promote or operate any service or content without Loovum’s prior written consent; restrict or inhibit other users from accessing or using the Site;
  • modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
  • access or use the Site or any Content for any unlawful purpose or otherwise beyond the scope of the rights granted to you in these Terms of Use.
OWNERSHIP

The Site and the Content are owned by Loovum and its licensors, and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, trade names, service marks, and logos displayed on the Site are registered and unregistered marks of Loovum and its licensors. You acknowledge and agree that, as between you and Loovum, Loovum is and shall remain the sole owner of the Site and the Content (except User Content (as defined in Section 7 below)), including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

ACCOUNT REGISTRATION AND SECURITY

Access to and use of the Site and/or Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such.

PRIVACY POLICY

Registration data and other personally identifiable information that the Site may collect is subject to, and treated in accordance with, the terms of Loovum's Privacy Policy.

REFUND POLICY

All purchases of custom made or personalized items are final. For all other products, if for any reason you are unhappy with your purchase, please contact us at [email protected] within 15 days of receipt to arrange a replacement or refund.

USER CONTENT

Certain features of the Site may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter, "post") user- generated Content ("User Content") and interact with others through user comment areas, message boards, direct messages, our blog, and similar user-to-user areas. You may not post any User Content that:

  • is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy rights or right of publicity, or otherwise objectionable;
  • constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms;
  • infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party; constitutes or encourages criminal conduct;
  • contains false, misleading, fraudulent, or deceptive claims or content;
  • gives the impression that it emanates from or is endorsed by Loovum or any other person or entity, if this is not the case; or contains any virus, malware, spyware, or other harmful content or code.

moral" in your User Content, even if your User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to Loovum that you own or control all rights in and to such User Content and have the right to grant the rights above to us.

No Responsibility. You acknowledge and agree that you are solely responsible for your User Content, and that Loovum is not responsible for, and does not endorse, any User Content.

No Obligation to Prescreen, Monitor or Use. Loovum does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on the Site. However, Loovum retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on the Site. Loovum has no obligation to retain or provide you with copies of your User Content, nor does Loovum guarantee any confidentiality with respect to your User Content. Loovum has the right (but not the obligation), at Loovum’s sole discretion, to refuse to publish, remove, or block access to any User Content, at any time.

No Confidential or Proprietary Submissions. While we appreciate your interest in the Site and our business, Loovum does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Loovum might seem to others to be similar to users' own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly set forth in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Site or in response to solicitations on the Site shall be deemed to be non-confidential and non-proprietary.

8. THIRD-PARTY MATERIALS, GOODS AND SERVICES

The Site may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, "Third Party Materials"). You acknowledge and agree that Loovum is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Loovum does not assume and will not have any liability to you or any other person or entity for any Third Party Materials.

Site. Loovum is not responsible for examining or evaluating, and Loovum does not warrant the offerings of, any of these third parties. Loovum does not assume any responsibility or liability for the actions, products, and content of these and any other third parties. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Loovum is not responsible or liable for your transactions, dealings or interactions with third parties.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold Loovum and its a liates, licensors, partners, and service providers, and the officers, directors, employees, agents, and representatives of each of them (collectively, the " Loovum Entities") harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from your use of the Site and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of Loovum.

10. DISCLAIMERS

THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND LOOVUM HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE LOOVUM ENTITIES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY CONTENT, NOR DO THE LOOVUM ENTITIES REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, THE LOOVUM ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR OTHER INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE. ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE LOOVUM ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY, OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE LOOVUM ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE LOOVUM ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THESE TERMS OF USE OR THE SITE OR ANY CONTENT IS LIMITED TO THE GREATER OF (a) THE AMOUNT PAID, IF ANY, BY YOU TO LOOVUM IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (b) U.S. $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in Section 10 and this Section 11 may not apply to you.

12. REPORTING INTELLECTUAL PROPERTY INFRINGEMENT

Loovum takes claims of intellectual property infringement seriously. It is Loovum’s policy to disable and/or terminate the accounts of users who are repeat infringers. However, Loovum reserves the right to terminate user accounts based on even a single case of infringement.

Copyright Infringement

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), your written notice of alleged copyright infringement must include substantially the following:

  • adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
  • a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
  • a statement that the information in your written notice is accurate; and
  • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Loovum’s designated agent to receive DMCA notices is: Loovum, LLC. Email: [email protected] *NOTE: This contact information is for inquiries regarding potential copyright infringement only.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Trademark Infringement

Using a trademark that is similar to a third party's mark in a way that causes confusion by falsely implying (i) an affiliation or association with the third party or (ii) the third party has sponsored or approved the trademark user's goods or services may be considered trademark infringement. Any action that may be deemed trademark infringement is a violation of Loovum’s trademark policy.

If you are a trademark owner and you believe your trademark is being infringed, please be aware that Loovum does not mediate trademark disputes between Site users and trademark owners. As a result, we strongly encourage trademark owners to resolve their disputes directly with the seller or Site user who posted the Content in question by messaging them directly from the product page. Contacting the seller may resolve things more quickly in a way that is more beneficial to you, the seller or Site user, and the Loovum community.

If you are unable to make contact with the seller or Site user in question for any reason, please submit a trademark complaint that includes the following information:

  • The full legal name of the trademark owner
  • he trademark registration number, including registration office URL of allegedly infringing use of trademark
  • A statement substantially similar to the following: "Under penalty of perjury, I declare that (a) I have a good-faith belief that the challenged material violates my trademark rights or the rights of the trademark owner, (b) the information in my complaint is true and correct, and (c) I am the trademark owner or am authorized to act on the trademark owner's behalf."

The complaint should be sent to [email protected]

Loovum’s obligation to review the complaint shall be limited to (i) verifying that the listed trademark owner is the most recent owner of the trademark registration identified in the complaint, and (ii) determining that the registered mark is reasonably similar to the allegedly infringing trademark identified in the complaint (collectively, the "Minimum Complaint Standard"). Loovum, in its sole discretion, shall determine whether a complaint meets the Minimum Complaint Standard and shall notify you of its decision. If your complaint meets the Minimum Complaint Standard, Loovum shall provide you the name and contact information of the seller or Site user. You agree that you are solely responsible for making contact with the seller or Site user, and Loovum shall not be held responsible if you are unable to resolve your concerns. Because sellers may have valid defenses to use a mark, Loovum will remove infringing User Content or take other action only if you provide us a copy of a judgment or settlement agreement between you and the seller or Site user indicating that such content should be removed or such other action should be taken, or if the seller or Site user makes such a request to us in writing. As a seller or Site user, you agree that Loovum may provide your contact information to any party that files a complaint that satisfies the Minimum Complaint Standard.

13. RESERVATION OF RIGHTS

Loovum reserves all of Loovum’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Loovum may have in and to the Site, the Content, and goods and Services that may be provided on or through the Site. Other than as set forth in these Terms, the use of Loovum’s rights and property requires Loovum’s prior written consent. By making services available to you, Loovum is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Site or Services without Loovum’s prior written consent.

14. CHANGES; SUSPENSION AND TERMINATION

Suspension/Termination of Access. Loovum has the right to deny access to, and to suspend or terminate your access to, the Site or the Services, or to any features or portions thereof, at any time and for any reason, including if you violate these Terms.

15. MISCELLANEOUS

Applicable Law, Jurisdiction and Venue. You agree that these Terms and any dispute arising out of your use of the Site, Content, Services, or products purchased through the Site or Services shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to any conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms, the Site, Services or Content shall be instituted exclusively in the federal or state courts located in Brooklyn, New York. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Geographic Restrictions. Loovum is based in the State of New York in the United States. Loovum make no claims that the Site, Services or Content are accessible or appropriate outside of the United States. Access to and use of the Site or Services may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Waiver of Jury Trial. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE, SERVICES OR CONTENT.

Questions. If you have any questions about the Site, Services or these Terms, please contact us at [email protected]