Terms of Use – Privacy Policy
Thanks for visiting the Luvabye website
PLEASE READ THE FOLLOWING TERMS AND USE, ALONG WITH THE PRIVACY POLICY BELOW FOR LUVABYE, INC. AND ALL ITS SUBSIDIARIES, SUCCESSORS IN INTEREST AND ASSIGNS (COLLECTIVELY, “LUVABYE”, ‘OUR”, “US” or “WE”) BEFORE USING: www.luvabye.com, any and all related websites, mobile applications, products or service.
The www.luvabye.com website (the “Site”) is owned by Luvabye, Inc. Therefore, we refer to Luvabye, Inc. as, “Luvabye”, the “Company”, “our”, “us”, or “we”. The maintenance and operation of the Site is controlled by the company.
It is our hope and desire that you enjoy the Site and its contents. Due to certain aspects and the nature of the Internet, along with our desire in providing each user with a great experience, we ask that you review the legal terms of use as they apply to you as you use the Site. Specifically, the lower case words “our” “us” and “we” above have specific meanings and are found where the capitalized words are placed in bold text inside parentheses and quotation marks. If you have any questions once reading this, please feel free to contact us at customerservice@luvabye.com.
Terms of Use Agreement
With the use of this Site, you hereby agree to accept these terms and conditions, so be sure to read them carefully. If you can’t agree with them, do not use the Site. We reserve the right, at our own discretion, to change, modify, add or remove any portion of these terms and conditions at any time. Please check back periodically for any changes that may occur.
Luvabye reserves the right to limit quantities on any order for various reasons that may arise.
User Information
While using this Site, you agree to provide or we may collect certain information about you. In doing so, we are committed to protecting your privacy and information as a customer and explain our policies with respect to the use and disclosure of any information in our Privacy Policy, which are incorporated into these terms and conditions.
When you create a user account on the Site, it allows you certain access to specific features and functions. By doing so, you acknowledge and agree that the chosen user identification is for the access and utilization of the Site (Username), along with your chosen password (Password), will be kept secret, secure and confidential. Therefore, we are authorized to accept such information (Username and Password) as conclusive evidence that you have accessed or have been utilizing the Site.
Restrictions on the Use of any Materials in our Site
Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the Site or the services We provide on Our Site without notice. We will not be liable if for any reason Our Site is unavailable at any time or for any period.
From time to time, We may need to restrict access to some parts of Our Site, or the entirety of Our Site to users.
The Site and all its contents are subject to and protected by U.S. and International copyright laws. Any and all materials submitted to us will become part of the compilation of content on our Site as well as the exclusive property of Luvabye, Inc. It will not be used for any other purpose other than browsing, shopping, or using the services and information provided for your own private use.
The following are trademarks and service marks of Luvabye, Inc. and in some cases are registered with the U.S. Patent and Trademark Office and are registered in other countries: Luvabye’; Luvabye Musical Baby Bottles’; Feed the Luv’; and the designs and logos associated with these marks.
These trademarks and service marks cannot be used by any party other than Luvabye, Inc. and or its affiliated companies without express written consent.
You agree to never copy, reproduce, or modify any portion of the Site. This restriction is not limited to and includes the copying, reproducing, or modifying any names, trademarks and logos which Luvabye owns or has rights to. If material is downloaded, it will be to one computer for personal, non-commercial use only, providing that copyright, trademarks, or any other proprietary notices are never changed or deleted in any manner. Any modification or attempted change of materials on our Site or use of them for any other reason is a violation of our intellectual property rights.
Anything you download – the software, including all files, any and all images generated or incorporated by the software, as well as data accompanying such, remains the property of us. Which means we retain full and complete title and control to the software and all of the associated intellectual property rights. It is forbidden to redistribute or sell the material – reverse engineer, disassemble, or otherwise convert it to any other form or format.
We will provide access from our Site to other websites such as Facebook, Twitter, Pinterest, etc. which are not under our control. The links may include the use of “shared links”, as they are so-called. Those “share links” feature a button and/or text linking our Site to the other, thus enabling the launch of a sharing mechanism whereby you can post links to, share content from, the Site onto various social networking websites such as Facebook, etc. Therefore, the terms of use of those websites will govern your use while on their sites. You will remain fully responsible for your own use of such websites, including shared links and/or post.
Submitted Materials to Us
We gladly welcome any comments and suggestions you may have regarding our Site, merchandise, and service. With the exception of User Generated Content submitted by you, as detailed below, any comments you submit to us through the Site, such as, but not limited to, ideas, graphics, remarks, suggestions, or other information becomes and remains our exclusive property, even in the event this agreement is terminated at a later date. Which means we do not, nor will not treat any such submissions including advertising ideas or product as confidential once submitted to us. Furthermore, we will not pay you or anyone else for information that you provide and used by us.
In addition, you acknowledge that you take full and complete responsibility for all submission you offer, including its appropriateness, originality, legality, copyright, and reliability. Luvabye assumes no liability and takes no responsibility for any submissions you offer.
User Generated Content
Periodically we may request your permission to use information, including photos on social media channels (“User Generated Content”, also known as “UGC”). This UGC section is governed by these terms and conditions. Please carefully read this section as we explain its verbiage and legalities in as plain-English as possible, as UGC is entirely accessible by the public.
PLEASE KEEP IN MIND THAT UGC AND ANY MATERIALS SUBMITTED BY YOU COULD BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON OUR SITE AND ELSEWHERE VIA THE INTERNET AND ARE MOST LIKELY TO BE ACCESSIBLE FOR A LONG PERIOD OF TIME. Due to this fact, you have no control over who may eventually view such materials. Being selective over the personal information that you provide and disclose about yourself or others and disclosing sensitive, proprietary or confidential information should always be considered carefully, before doing so.
Ownership of Content
You are and will retain ownership of the UGC that occurs between you and Luvabye, Inc. You represent, warrant and covenant to us that you own all interest, title and rights, including copyrights, of any UGC that you submit or post to the Site. You further agree that it is truthful, accurate and infringement and detrimentally free from harming no other party. Therefore, you promise that no other person or company will claim that you stole or have inappropriately used the UGC.
Our Right to Use Content
As explained above, you retain ownership of the UGC, although by submitting, posting or displaying UGC you are automatically allowing and hereby grant to Luvabye, Inc., a non-exclusive, perpetual, worldwide, fully paid-up, dully transferable license to use (including adapt, copy, display, modify, perform, publish and translate) any such UGC in all forms and media (the “License”). Our right to possess, display and use the Content anywhere we desire, through any means, and will never expire, in doing so, we will never owe you any money for it and we may allow others to use or possess the Content. We will do our best to ensure any other company or person that we may give the UGC follows the same rules as our own.
Right to Editorial Control and Monitoring
You agree and acknowledge to the fact that Luvabye, Inc., does not and cannot review all Content that is submitted or posted to the Site and you and/or others who post are responsible for the content submitted.
Content that is not Confidential
You agree that Registry Content or UGC submitted or posted onto the Site shall in no way be treated as confidential and Luvabye holds no obligation or duty to keep such Content confidential.
Conduct that is Prohibited
It is at our sole discretion that any conduct by you that restricts or inhibits another user from using or enjoying our Site will not be permitted in any way. You fully agree to use our Site for lawful purposes. You will not use our Site for, and are prohibited from posting any abusive, defamatory, harmful, harassing, obscene, sexually explicit, vulgar, threatening, discriminatory or any form of objectionable material, including but not limited to materials which will encourage conduct that constitutes a criminal offense, causes civil liability, or violates any applicable laws, including local, state, national, or international law. You agree to never impersonate any other person, representative, or entity, whether actual or fictitious, which includes anyone from the Site or Luvabye, Inc. You are solely responsible and liable for the content and consequences of your entire activities and liable for the UGC you submit and post, which includes that submitted or posted under your Username and Password on the Site.
Treatment of Sales Tax
We will charge the required applicable sales tax on products shipped to states and jurisdictions that levy any or such tax (except Hawaii and Puerto Rico). In the event that we are required to charge tax on shipping charges, we will be compelled to do so.
Disclaimer and Limitation of Liability
The following only applies to your individual use of our Site and will not affect your rights under the Uniform Commercial Code, applicable laws addressing product liability or rights you have pursuant to our return policy at luvabye.com. Our return policy is listed on the Site. Instructions explaining return procedures will be included with your order. Due to certain customer health and safety issues and concerns, some items are not returnable due to the nature of specific products, and are not returnable, as set forth in our Return Policy. In addition, the following is important information about your use of the Site.
THE SITE CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE, ITS CONTENT, INFORMATION, OR MATERIALS FEATURED ON THE SITE. LUVABYE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND OR ITS CONTENTS.
THE SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORRS AND MAY NOT BE CURRENT OR COMPLETE. LUVABYE RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS OR INACCURACIES (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED OR FILLED) AND CAN CHANGE OR UPDATE INFORMATION DURING ANY TIME WITHOUT PREVIOUS NOTICE TO CUSTOMERS. THE CHANGES MAY RELATE TO AVAILABITY AND PRICING AND CAN BE CHANGED WITHOUT PRIOR NOTICE. IF THIS OCCURS, WE APOLOGIZE FOR ANY INCONVENIENCE.
FURTHERMORE, WE RESERVE THE RIGHT TO REFUSE AND OR CANCEL ANY ORDERS PLACED FOR PRODUCT LISTED AT AN INCORRECT PRICE, WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND YOUR BANK OR CREDIT CARD WAS CHARGED.
IN SUCH CASE, YOU WILL BE PROVIDED AN OPPORTUNITY TO ACCEPT THE CORRECTED PRICE, WHEREBY THE PRICE DIFFERENCE WOULD BE ADJUSTED ON YOUR BANK OR CREDIT CARD. IF NOT, A REFUND WOULD BE GRANTED BACK TO THE CARD WHICH WAS USED FOR THE ORIGINAL PURCHASE.
Jurisdiction
Unless otherwise specified, the materials on our Site are presented to provide information about Luvabye, its products offered for sale and to provide related services and information to visitors and customers. The courts will have jurisdiction over any claim arising from, or related to, a visit to Our Site and We retain the right to bring proceedings against you for breach of the Terms of Use in your country of residence or any other relevant country.
If required by law or by a court order, or otherwise under good faith advisement, We may disclose your information.
Miscellaneous
All rights not expressly granted herein are reserved. Any failure to exercise or enforce a specific right or provision of these Terms of Use shall not be construed or constitute a waiver of such right or provision. If any provision of these Terms of Use is found by any court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the individual parties, intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
