Terms and Conditions
Effective: January 2, 2018
Warning: The Lovense website, and Lovense suite of software, including but not limited to computer and mobile software (collectively, the “App”) may contain or be used to transmit 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 THE APP CONSTITUTES ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS.
The terms "you", "your", and "yours" refer to all users, and/or any user of the App. The terms "its", "we", "us", "our", "app”, "Hytto Ltd.", and “Lovense” refer wholly or in part to Hytto Ltd., owner and operator of websites, including: www.lovense.com, and its related subsidiaries and affiliates and their products, services, and mobile software applications, including Lovense Remote, Lovense Connect, Body Chat, and Lovense Browser and Lovense Extension for PC and Mac browser software. The "Lovense Terms of Use Agreement" shall be referred to as the "Agreement" herein.
These Terms of Use (the “Terms”) form a legally binding contract between you and Lovense. Please read them carefully. By using the App, or any of our other products or services that link to these Terms (the “Services”), you agree to the Terms. If you do not wish to agree with these Terms, do not download or use the App, or immediately uninstall and delete the App from your computer or mobile device.
ARBITRATION AND CHOICE OF VENUE NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CHOICE OF VENUE CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND LOVENSE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION IN THE VENUE SET FORTH IN THE AGREEMENT, AND YOU AND LOVENSE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1.USER CONDUCT
- a. Who Can Use the Services
- No one under 18 years of age is allowed to download the App, create an account, or use the Services.
- By using the Services, you state that:
- You have the capacity and desire to form a binding contract with Lovense;
- You do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition that would bar You from using the Services under the laws of the United States or any other applicable jurisdiction;
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations;
- If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
- b. Your Rights
- Lovense grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services consistent with these Terms and our usage policies.
- You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions, or you have our written permission to do so.
- c. Our Rights
- Many of our Services let you create, upload, post, send, receive, and store content. You retain whatever ownership rights of that content. By using the Services, you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.
- The Services allow you to transmit Text, Pictures, Audio, and Video messages (collectively, the “Content”) via the App. Text and Pictures are stored on our servers for 7 days, then automatically deleted. Audio messages pass through our servers but are not stored. Video messages do not pass through our servers.
- We respect your privacy and, as a policy, do not review the Content transmitted by our users, unless required by law to do so in certain circumstances. However, you alone remain responsible for the Content that you create, upload, post, send, or store through the Service.
- The Services may contain advertisements. In consideration for Lovense letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services.
- d. Content Created by Others
- The Content transmitted via the App is the sole responsibility of the person or organization that submitted it. We do not assume responsibility for any Content that others provide through the Services.
2.PRIVACY
- a. Privacy Policy
- By using the App, 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 here.
- b. Respecting Other People’s Rights
- 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.
- You may not use the Services, or enable anyone else to use the Services, in a manner intentional or not that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
- bullies, shames, harasses, or intimidates others;
- defames;
- spams or solicits our users
- These Terms do not grant you any right to do any of the following (or enable anyone else to do so):
- use branding, logos, designs, photographs, videos, or any other materials used in our Services;
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
- use of the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
- You may not use the service or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
3.COPYRIGHT
Lovense honors the requirements set forth in the Digital Millennium Copyright Act. We take reasonable steps to remove from our Services any infringing material that we become aware of. If Lovense becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please contact us at support@lovense.com. Or you may file a notice with our Copyright Agent:
Attn: Copyright Agent
Hytto Ltd.
12/F AT Tower
No 180 Electric Rd.
North Point, Hong Kong
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3).
4.SAFETY
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
- You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another user’s account, username, or password without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains or links to graphic violence, threats, hate speech, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network, unless previously authorized by us.
- You will not encourage or promote any activity that violates these Terms.
Do not use our Services in a way that would distract you from obeying traffic or safety laws.
5.ACCOUNT SECURITY
You are responsible for any activity that occurs in your Lovense account. It is your responsibility to maintain the security of your account. By using the Services, you agree to this. If at any time you believe that someone else has gained access to your account with or without your permission, please immediately reach out to support@lovense.com.
6.DATA CHARGES
You are responsible for any charges that you may incur for using our Services, including data charges for sending and receiving messages. You may block users from sending you messages by deleting friends, denying friend requests, or adding users to a blocked list.
7.AMENDMENT TO TERMS
Hytto Ltd. maintains the right in its absolute discretion, at any time and without notice, to amend, remove or vary the Services, the App, or these Terms.
8.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.
9.DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE LOVENSE USES ITS BEST EFFORTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
LOVENSE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH LOVENSE WILL BE RESPONSIBLE FOR.
10.LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOVENSE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF LOVENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LOVENSE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE SERVICES EXCEEDING HK$100 OR THE AMOUNT YOU PAID LOVENSE, IF ANY, IN THE LAST 90 DAYS.
11.Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND LOVENSE TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
a. Applicability of Arbitration Agreement. You and Lovense agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court, will be resolved by binding arbitration on an individual basis in the exclusive jurisdiction of Hong Kong, except that you and Lovense are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
b. Choice of Law and Venue. By using the Services and agreeing to these Terms, you agree that any dispute of any kind that may arise between you and Lovense 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.
c. Waiver of Jury Trial. YOU AND LOVENSE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Lovense are instead electing to have claims and disputes resolved by arbitration.
d. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.
e. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
f. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Lovense can force the other to arbitrate. To opt out, you must notify Lovense in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Lovense username, and the email address you used to set up your Lovense account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address:
ATTN: Arbitration Opt-out
Hytto Ltd.
12/F AT Tower
No 180 Electric Rd.
North Point, Hong Kong
Or email the opt-out notice to support@lovense.com.
g. Small Claims Court. Notwithstanding the foregoing, either you or Lovense may bring an individual action in small claims court.
h. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Lovense.
12.ENTIRE AGREEMENT
The above Terms of Use 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 Use will be effective only if in writing and signed by an Officer of Hytto Ltd.
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