Love Her Merch Terms of Use

Effective Date: March 21st, 2023

This terms-of-service agreement is entered into between you and LoveHerMerch, a Nevada corporation (“LoveHerMerch,” “we,” or “us”). The following agreement, together with any documents it expressly incorporates by reference (collectively, “agreement”), governs your access to and use of www.LoveHerMerch.com, including any content, functionality, and services offered on or through www.LoveHerMerch.com (“Website”), whether as a guest or a registered user.

  1. Acceptance of Agreement
    1. This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
    2. This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
    3. By using the Website or by clicking to accept or agree to the agreement when this option is made available to you, you accept and agree to be bound and abide by this agreement. If you do not want to agree to this agreement, you must not access or use the Website.
    4. This Website is offered and available to users who are at least 18-years old and who have reached the age of majority where they live. By using this Website, you represent and warrant that (a) you are at least 18-years old; (b) if the laws of the country or State/province where you live provide that you can only be legally bound by a contract at an age that is higher than 18-years old, then you are old enough to be legally bound by a contract under the laws of the country or State/province where you live; (c) you will provide that other information or verification requires as we require; (d) you are permitted by the laws of the country or State/province where you are located to join the Website and to view any Materials available on it and to use any functionality provided by it; and (e) you are able and willing to make payment (where required) to view Materials available on the Website that you wish to view and to use any functionality provided by the Website that you wish to use. If you do not meet all these requirements, you must not access or use the Website.
  2. Changes to Agreement. We may revise and update this agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website afterward. However, any changes to the dispute resolution provisions set out in section 28. (Governing Law and Jurisdiction) and section 29. (Dispute Resolution and Binding Arbitration) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website after the posting of the revised agreement means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
  3. Adult Material. You acknowledge that you are aware that some of the Materials on the Website contain adult material, and you will take this into account when deciding where to access and view Materials. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Materials containing adult material in a way that places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
  4. Section 230(d) Notice.Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which we provide for informational purposes only and do not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
  5. Child Sexual Abuse Material (CSAM) Prohibited. We prohibit content involving minors on the Website. We only allow visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website or that is otherwise exploitative of children, please promptly report this to us at compliance@LoveHerMerch.com. Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We fully cooperate with any law enforcement agency investigating alleged child exploitation or sexual abuse of minors.
  6. Prostitution and Sex Trafficking Prohibited. We prohibit using the Website or its interactive services in any way to engage in, take part in, aid, support, promote, ask for, or ease any act of prostitution of another person or sex trafficking of another person. This prohibition includes using the Website or its interactive services to share personal contact details or arrange face-to-face meetings. If you see any evidence of this on the Website, please promptly report this to us at compliance@LoveHerMerch.com. Please include with your report all evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We will terminate the account of any person engaging in any prostitution or sex trafficking. We will report all individuals suspected of promoting or facilitating the prostitution of another person or sex trafficking to the appropriate law enforcement agency. We will fully cooperate with any law-enforcement agency investigating prostitution or sex trafficking.
  7. Accessing the Website. We may withdraw or amend our Website and any service or material provided on it in our sole discretion without notice. We will not be liable if, for any reason, any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to access the Website and its content.
  8. Your Account
    1. Account Creation. To access many of the Website’s features, you must create an account. Registration is free and for a single user only. To register, you must complete the registration process by providing accurate information as prompted by the registration form. You must provide a valid email address, a username, and a password. Do not choose a username that is offensive or that infringes a person’s service mark, trademark, or trade name. We may delete or require you to change any username that violates this section 8.1. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the Website’s technical requirements for the composition of passwords. By creating an account, you state to us that (a) all account registration and profile information you provide is your own and is accurate; (b) if you previously had an account on the Website, we did not suspend or terminate that account for breach of this agreement; and (c) you are creating an account for your own personal use, and you will not sell, rent, or transfer your account to any third party.
    2. Verified Users. You may only post User Contributions or appear in User Contributions on or through our Website if you are verified. To become a verified user, you must first provide us with a government-issued identification so that we can verify your identity and age. By providing us with a government-issued identification, you authorize us to provide your government-issued identification to a third-party vendor for validation purposes.
    3. Responsibility for Account. You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must let us know promptly of any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason, including if, in our opinion, you have violated any part of this agreement.
    4. Liability for Account Misuse. We will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by another person or us because of someone else’s use of your password or account.
    5. Use of Other Accounts. You must not use anyone else’s account at any time.
    6. Account Security. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons will never be able to defeat the Website’s security measures or use any personal information you provide to us for improper purposes. Therefore, you acknowledge that you provide your personal information at your own risk.
    7. Communication Preferences. By registering for an account, you consent to receive electronic communications from us relating to your account. These communications may involve sending emails to the email address you provided during registration or posting communications on the Website and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. We recommend keeping copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from us, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from us may have sexually explicit material unsuitable for minors. If you no longer want to receive certain non-transactional communications from us, please review the Privacy Policy on opting out of marketing communications.
  9. Intellectual Property Rights
    1. Ownership. LoveHerMerch owns and operates the Website. All content, features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, “Materials”) are owned by LoveHerMerch, its licensors (including sellers), or other providers of those Materials. United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Website.
    2. License Grant. LoveHerMerch hereby grants you a limited, nonsublicensable license (i.e., a personal and limited right) to access and use the Website and the Materials for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:
      1. Your computer may temporarily store copies of the Materials in RAM incidental to your accessing and viewing those Materials.
      2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
      3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
      4. You may download any digital media content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
      5. If we offer desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, subject to our end user license agreement for those applications.
      6. If we provide social media features with certain content, you may take those actions as are enabled by those features.
    3. License Restrictions
      1. You must not:
        1. Modify copies of any Materials from the Website.
        2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
        3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the Website.
      2. You must not access or use any part of the Website or the Materials available through it for any commercial purposes unless we agree otherwise in writing.
      3. If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use the Website will end immediately, and you must, at our option, return or destroy any copies of the Materials you have made. No interest in or to the Website or any Materials on the Website is transferred to you, and we reserve all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
    4. Trademarks. LoveHerMerch’s name and logo; the term LOVE HER MERCH; the Website’s logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Website’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of LoveHerMerch, its affiliates, or licensors. You must not use those marks in whole or in part in connection with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or in any way that disparages or discredits us, without first obtaining our prior written permission. Any use of these marks must be under any guidelines that we may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Website are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information—by trade name, trademark, manufacturer, supplier, or otherwise—does not constitute or imply our endorsement, sponsorship, recommendation, or any other affiliation.
  10. Prohibited Uses
    1. You may use the Website only for lawful purposes under this agreement. You must not use the Website:
      1. In any way that violates any applicable federal, state, local, or international law or regulation (including any laws about exporting data or software to and from the US or other countries).
      2. To exploit, harm, or to try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
      3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this agreement.
      4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
      5. To impersonate or try to impersonate us, a Company employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
      6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as we decide, may harm our Website’s users or us or expose them or us to liability.
    2. Additionally, you must not:
      1. Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real-time activities through the Website.
      2. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any Materials.
      3. Use any manual process to monitor or copy any of the Materials or any other unauthorized purpose without our prior written consent.
      4. Use any software or process to record or rebroadcast any content.
      5. Use any device, software, or routine that interferes with the proper working of the Website.
      6. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
      7. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
      8. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
      9. Otherwise try to interfere with the Website’s proper working.
  11. User Contributions
    1. In General. The Website contains personal webpages or profiles, messaging, timelines, comment sections, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (collectively, “post”) content or materials (collectively, “User Contributions”) on or through the Website.You may only post User Contributions on or through the Website if you are a verified user. To become a verified user, you must comply with the process set out in section 8.2.All User Contributions must comply with the Content Standards set out in section 13.. We will consider nonconfidential and nonproprietary any User Contribution you post to the Website.
    2. License Grant. For each User Contribution you post on our Website, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, an unrestricted, worldwide, fully sublicensable, non-exclusive, royalty-free license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display that User Contribution (including for promoting and redistributing any part of the Website (and derivative works of it)) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit with that User Contribution. In addition, you also hereby grant each other Website user a worldwide, nonexclusive, royalty-free license to access your User Contribution through the Website, and to use that User Contribution, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Website (such as video playback, embeds, or downloads). This license does not grant any rights or permissions for a user to use your User Contribution independent of the Website. The licenses you grant continue for a commercially reasonable period after removing or deleting your User Contributions from the Website. You understand, however, that we may keep but not display, distribute, or perform server copies of your User Contributions that have been removed or deleted.
    3. Requirements for Persons Depicted in User Contributions. You must obtain and keep on record written consent from all persons (including yourself) depicted in your User Contributions specific to the following areas: (a) consent to be depicted in the User Contribution; (b) consent to allow for the public distribution of the User Contribution and to upload the User Contribution to the Website; and (c) if the User Contribution will be made available for downloading by other users, consent to have the User Contribution downloaded. In addition, you must verify the identity and age of all persons depicted in the User Contributions to ensure that all persons depicted are adults, and you must be able to provide us with supporting documents on request.
    4. 18 U.S.C. § 2257 Obligations. Federal law requires you to keep records for any visual depictions that you post on or through the Website that portray “actual sexually explicit conduct,” “depictions of the genitals or pubic area,” or “simulated sexually explicit activity,” as those terms are defined in 18 U.S.C. §§ 2256(2)(A)(i)–(iv) and 2257A. Your failure to comply with 18 U.S.C. § 2257 may make you subject to criminal and civil prosecution for the violation of federal law.
    5. Representations and Warranties. You state that the following facts are accurate about the User Contributions you post on or through the Website:
      1. all persons depicted in your User Contributions were at least 18-years old and the age of majority in your jurisdiction at the time of production;
      2. you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;
      3. you consent to be depicted in your User Contributions;
      4. you consent to allow for the public distribution of your User Contributions and to upload the User Contributions to the Website;
      5. if you will make your User Contribution available for downloading by other users, you consent to have your User Contributions downloaded;
      6. you obtained and will keep on record written consent from all persons (including yourself) depicted in your User Contributions, including consent to be depicted in the User Contribution, consent to allow for the public distribution of the User Contribution and to upload the User Contribution to the Website, and if the User Contribution will be made available for downloading by other users, consent to have the User Contribution downloaded;
      7. you verified the identity and age of all persons depicted in your User Contributions to ensure that all persons depicted are adults and you will be able to provide supporting documents on request;
      8. if any User Contributions contains the name, identity, likeness, and voice (or other biographical information) of another person, you have obtained the appropriate consents and licenses for your use of those features, and that LoveHerMerch and its affiliates and service providers, and each of their and LoveHerMerch’s respective licensees, successors, and assigns, are allowed to use them to the extent indicated in this agreement;
      9. your User Contributions do not and will not infringe, violate, or misappropriate another person’s rights, including any copyright, service mark, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
      10. your User Contributions do not and will not defame or disparage another person;
      11. your User Contributions include no viruses, adware, spyware, worms, or other harmful or malicious code; and
      12. your User Contributions otherwise comply with this agreement (including the Content Standards), credit card association standards, and applicable law.
    6. You Upload User Contributions at Your Own Risk.You acknowledge that you are responsible for any User Contribution you post, and you, not us, have full responsibility for that User Contribution, including its legality, reliability, accuracy, and appropriateness. We are not liable to any person for the content or accuracy of any User Contribution posted by you or any other user. We use reasonable security measures to try to protect User Contributions against unauthorized copying and distribution. However, we do not guarantee that any unauthorized copying, use, or distribution of User Contributions will not occur. To the fullest extent allowed by applicable law, we will not be liable to you for any unauthorized copying, use, or distribution of your User Contributions by third parties, and you hereby release and forever waive any claims you may have against us for any such unauthorized copying or use of the User Contributions, under any equitable or legal theory. We provide the security measures “as is” and with no warranties, guarantees, conditions, or assurances that those security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements, or other circumvention of those security measures.
  12. Monitoring and Enforcement; Termination
    1. We may:
      1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
      2. Take any action concerning any User Contribution that we consider necessary or appropriate in our sole discretion, including if we believe that the User Contribution violates this agreement, including the Content Standards set out in section 13., infringes any intellectual property right or other right of any person or entity, threatens the personal safety of the Website’s users or the public, or could create liability for LoveHerMerch;
      3. Disclose your identity or other information about you if required by law (including a subpoena) to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
      4. Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website, including posting illegal or unauthorized User Contributions; or
      5. Terminate or suspend your account or access to all or part of the Website for any reason or no reason, including violation of this agreement, fraud, violation of credit card association standards, or violation of applicable law.
    2. We will suspend access to any User Contribution you post on our Website that we become aware of that might not comply with this agreement, credit card association standards, or applicable law while we investigate the suspected non-compliance or unlawfulness of that User Contribution. If we suspend access to your User Contribution, you may request a review of our decision to suspend access to that User Contribution by contacting us at support@LoveHerMerch.com. After investigating the suspected non-compliance or unlawfulness of that User Contribution, we may take any action we consider appropriate, including reinstating access, permanently removing, or disabling access to that User Contribution without needing to obtain your consent and without giving you prior notice. At your own cost, you must promptly provide to us all reasonable assistance (including by providing us with copies of any information that we request) in our investigation. We will not be responsible for any loss suffered by you arising from suspending access to your User Contribution or any other steps that we take in good faith to investigate any suspected non-compliance or unlawfulness of your User Contribution under this section.
    3. If we suspend access to or remove any of your User Contributions, we will notify you via email or electronic message to your user account, but we are not required to give you prior notice of that removal.
    4. If we suspend access to your account or terminate your agreement with us and your access to the Website, we will let you know. While access to your account is suspended, any payment that would otherwise have fallen due during the suspension will be suspended, and we may withhold earnings due to you but not yet paid if you are a seller under the terms of the seller agreement.
    5. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Contributions on or through the Website. You hereby waive and hold harmless LoveHerMerch and its affiliates, licensees, and service providers from any claims resulting from any action taken during, or taken because of, investigations by either LoveHerMerch or law enforcement authorities.
    6. We review all User Contributions before publication to our Website to ensure that the User Contribution is not illegal and does not otherwise violate this agreement, credit card association standards, or applicable law. However, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section 12..
  13. Content Standards. These content standards (“Content Standards”) apply to all User Contributions and the use of the Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. User Contributions must not:
    1. Depict or discuss any activity that is illegal or otherwise violates applicable law.
    2. Violates Visa or MasterCard content policies, including, but not limited to, scat play, vomit play, underage play, content featuring blood coming from bodily harm, bestiality, extreme violence, nonconsensual sex. Suggestive content such as thongs, bras, lingerie, etc. is acceptable so long as all nudity is covered.
    3. Contain any defamatory, obscene, indecent, abusive, offensive, harassing, threatening, violent, hateful, inflammatory, or otherwise objectionable material.
    4. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    5. Contain unsolicited content or unsolicited language that sexually objectifies another person in a non-consensual way or contains fake or manipulated content concerning another person (including “deepfakes”).
    6. Promote, depict, or constitute “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express, and fully informed consent to that material (a) being taken, capture, or otherwise memorialized; or (b) being posted and shared on the Website).
    7. Promote or depict firearms, weapons, or any goods whose sale, possession, or use is subject to prohibitions or restrictions.
    8. Promote or depict alcohol or drugs or drug paraphernalia.
    9. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
    10. Violate any person’s legal rights (including the rights of publicity and privacy) or contain any material that could give rise to any civil or criminal liability under applicable law or that otherwise may be in conflict with this agreement or our Privacy Policy.
    11. Be likely to deceive any person.
    12. Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or facilitating the prostitution of another person, sex trafficking, or human trafficking.
    13. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    14. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
    15. Involve commercial activities or sales, including unsanctioned contests, sweepstakes, and other sales promotions, barter, or advertising.
    16. Give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case.
    17. Contain viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, mobile device, or telecommunications equipment.
    18. Depict private or personal information of any person without their written consent.
    19. Request personal information from or share personal information with any seller or other user, including financial information, email address, telephone number, or mailing address.
    20. Request money from, or otherwise defraud, sellers or other Website users.
  14. Copyright Infringement. If you believe that any Materials (including any User Contribution) on the Website infringes your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.
  15. Third-Party Content and Reference Sites
    1. In addition to the User Contributions, we may provide other third-party content on the Website (collectively, “Third-Party Content”). We do not control or endorse any Third-Party Content and make no representation or warranties about the Third-Party Content, including its accuracy or completeness. We do not create Third-Party Content, update it, or monitor it. Thus, we are not responsible for any Third-Party Content on the Website.
    2. You are responsible for deciding if you want to access or use third-party websites or applications that link from the Website (“Reference Sites”). We do not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through them. Accordingly, we are not making any representations or warranties about the Reference Sites. Further, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between you and that advertiser. Thus, you access and use Reference Sites, including the information, materials, products, and services on or available through Reference Sites, solely at your own risk.
  16. Competitions. Sellers may promote competitions, promotions, prize draws, and other similar opportunities on the Website (“Third-Party Competitions”). We are not the sponsor or promoter of those Third-Party Competitions and do not bear any responsibility or liability for the actions or inactions of any seller who organizes, administers, or is otherwise involved in any promotion of those Third-Party Competitions. If you wish to participate in any Third-Party Competition, you are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in that Third-Party Competition in your place of residence.
  17. No Offsite Communications. You must not use the Interactive Services to arrange face-to-face meetings outside the Website with any seller or other user, including exchanging money or other consideration for sex or companionship. We prohibit any form of interaction with a seller or other user outside of the Website or the Interactive Services. If you do, you do so at your own risk, and we will not be liable to you for anything that happens outside of the Website with any seller or other user you meet on the Website.
  18. Changes to the Website. We may update the Materials on this Website from time to time, but the Website’s Materials are not necessarily complete or up to date. The Website’s Materials may be out of date at any given time, and we are not required to update those Materials.
  19. Information About You and Your Visits to the Website. For information about how we collect, use, and share your personal information, please review our Privacy Policy.
  20. Buyer Purchases and Subscriptions
    1. In General. The Website is a marketplace that allows buyers to buy access to certain features, content, or services offered by third-party sellers. All transactions and interactions facilitated by us are contracts between the buyer and the seller governed by the Standard Agreement between Buyer and Seller. Although we facilitate transactions and interactions between buyers and sellers by providing the Website, storing content, and acting as a payment intermediary, we are not a party to the Standard Agreement between Buyer and Seller or any other agreement that may exist between a buyer and a seller, and we are not responsible for any transactions or interactions between buyers and sellers. Sellers are solely responsible for determining (within the parameters for pricing on the Website) the pricing applicable to transactions and interactions and the content to which a buyer may be given access or buy. For purposes of this agreement, “buyer” means a user who follows a seller and is able to view the seller’s content.
    2. Payment. We accept payment through our payment processor via the payment methods identified on the Website at checkout. You must have a valid accepted form of payment to make a purchase. You must comply with any relevant terms or other legal agreement that governs your use of your chosen payment method. You authorize us to supply your payment card details to a third-party payment processor to process your payment. All payments will be charged in USD. Prices may change at any time, and we do not offer price protection or refunds in case of a price reduction or promotional offering. It is your responsibility to check the price before making a purchase. Pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. Your payment card provider may charge you currency conversion fees. We do not control currency exchange rates or charges imposed by your payment card provider or bank. We are not responsible for paying any charges or fees imposed by your payment card provider or bank. We will charge your payment method for the price listed along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations. The payment provider will take (a) periodic payments from your payment card for paid subscriptions; and (b) immediate payments from your payment card for payments other than subscriptions (including any tips paid by you to a seller). You authorize and consent to each of these payments being debited using your supplied payment card details. If you choose to provide details for two or more payment cards and try to make a payment from the first card and that card is rejected for any reason, then the other payment card will be used to collect the full payment.
    3. Subscriptions; Auto-Renewal; Cancellation. Except for free-trial subscriptions, all subscriptions to a seller’s profile will automatically renew at the end of the relevant subscription period selected, except if your payment card is declined, the subscription price for the subscription has increased, or you have turned off the “Auto-Renew” switch located on the relevant seller’s profile or in your user account settings. This means that if you want to stop subscribing to a seller’s profile and paying continuing subscription charges, you will need to turn off “Auto-Renew.” If you cancel a subscription, you will continue to be permitted to view the relevant seller’s content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card for subscriptions to that seller’s profile (unless you choose to pay for a new subscription to that seller’s profile), and you will no longer be able to view the relevant seller’s content.If we suspend your user account for breach of this agreement, any payments that would otherwise have fallen due during the period of suspension of your user account will be suspended during the period of suspension of your user account.For purposes of this agreement, “subscription” means a buyer’s subscription to a seller’s account (whether paid or unpaid, and whether for one month or as part of a bundle comprising a subscription for more than one month).
    4. Premium Content. The Website permits sellers to post photos, videos, audio (for example, music and other sounds), livestream material, and text (such as comments and hashtags) that can only be accessed after payment of a specified amount (“Premium Content”). Sellers determine the amount of money to charge for Premium Content. We may remove any Premium Content, in whole or in part, for any or no reason. By buying or accessing any Premium Content, you acknowledge that (a) we are not the seller or source of that Premium Content; (b) the seller posting Premium Content is solely responsible for any claims or liabilities associated with, arising from, or in any way relating to that Premium Content posted by that seller; (c) you buy or use Premium Content solely at your own risk; (d) we have no responsibility for viewing or screening any Premium Content other than to ensure that the Premium Content is not illegal and does not otherwise violate this agreement, the seller agreement, or credit card association standards; and (e) you forever release us, our affiliates, successors, assigns, officers, employees, agents, directors, shareholders, and attorneys from all claims and liabilities associated with, arising from, or in any way relating to that Premium Content.
    5. Tipping. You may tip sellers through the Website. You acknowledge the following about tipping:
      1. Tipping is not required to use the Website.
      2. You tip at your option and risk.
      3. Sellers must not solicit tips by any means of payment other than through the means provided on the Website.
      4. Tips are a voluntary gratuity and must not be given in exchange for specific services. Promising to tip in exchange for performing any specific act is prohibited. This conduct will result in an immediate and lifetime ban from the Website.
      5. Tips are chargeable when made. We will not return a tip made from your account except in situations that we consider, in our sole discretion, to be extraordinary.
    6. Taxes. You are responsible for all applicable federal, national, state, provincial, or local sales or use taxes, value-added taxes (VAT), or similar taxes or fees payable with your purchase. If we must collect or pay any taxes with your purchase, we will charge you those taxes at the time of each purchase transaction.
    7. Refunds; Chargebacks. All sales and transactions are final.Payments are nonrefundable and fully earned on receipt. There are no refunds or credits for partially used periods.If you are unhappy with a transaction with a seller, please inform that seller. If there is a technical error on the Website, we will work with you to resolve it. We may approve a refund in the form of a credit on request if exceptional circumstances exist.If you believe exceptional circumstances exist for a refund, please email us at support@LoveHerMerch.com and explain the circumstances you believe merits a refund.We are not making any promise that we will offer you a refund. If we issue a refund at our sole discretion, we will issue that refund in the form of a credit to the payment method you used for your purchase. We will not make refunds in the form of cash, check, or free services. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require us to issue refunds in the future under any circumstance.If a seller terminates your access to their account because you threatened, harassed, bullied, or stalked that seller through the Website, you will not receive a refund or any credit.You must not make unjustified chargeback requests of your payment card provider with respect to any transaction between you and a seller. Chargebacks are initiated when individuals reach out to their financial institutions to dispute a transaction. To protect sellers, we will review excessive and potentially fraudulent chargebacks and may prevent you from making additional purchases during that review.If your chargebacks are found to be fraudulent, we reserve the right to suspend or terminate your user account.
    8. Billing Disputes.If you believe that we have charged you in error, you must notify us in writing no later than 30 days after receiving the billing statement in which the error first appeared.If you fail to notify us in writing of a dispute within this 30-day period, you waive any disputed charges.You must submit any billing disputes to us by email at support@LoveHerMerch.com. Please include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments.If we consider that any billing dispute made by you was made in bad faith, we have the right to suspend or terminate your user account (or any future user account you create).
  21. Geographic Restrictions.The owner of the Website is based in the state of Nevada in the United States of America. We make no claims that the Website or its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. Check with your individual jurisdiction for legality. If you access the Website from outside the United States, you do so on your own initiative and are responsible for complying with local laws.
  22. Acknowledgments and Warranty Disclaimers
    1. You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output and for keeping a means external to the Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by (a) a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, mobile device, computer programs, data, or other proprietary material because of your use of the Website or any services or items obtained through the Website; or (b) by your downloading of any material posted on the Website or on any website linked to it.
    2. You acknowledge that all transactions and interactions regarding seller content and seller offerings on the Website are between the buyer and the applicable seller and are governed by the Standard Agreement between Buyer and Seller. You further acknowledge that we are not a party to or responsible for any transaction or interaction between the buyer and any seller. Nor are we responsible for any seller content found on the Website. We do not own any seller content on the Website, and the views expressed by sellers on their seller profiles do not represent our views.
    3. You use the Website, the Materials, and any services or items obtained through the Website at your own risk. We offer the Website, the Materials, and any services or items obtained through the Website “as is” and “as available,” without making any warranty, either express or implied. Neither we nor any person associated with us is making any warranty to the Website’s completeness, security, reliability, quality, accuracy, or availability. Neither we nor anyone associated with us is making any warranty (1) that the Website, the Materials, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through it will otherwise meet your needs or expectations.
    4. We are not making any warranty about the Website, whether express, implied, statutory, or otherwise, including any warranties of merchantability, noninfringement, and fitness for a particular purpose. No advice or information, whether oral or written, obtained from LoveHerMerch, the Website, or elsewhere will create any warranty not expressly stated in this agreement.
  23. Limitation of Liability; Release
    1. LoveHerMerch, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:
      1. Errors, mistakes, or inaccuracies of Materials (including User Contributions).
      2. Personal injury or property damage resulting from your access to and using the Website or the Materials (including User Contributions).
      3. Materials (including User Contributions) or conduct that are infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal.
      4. Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions or data.
      5. Interruption or cessation of transmission to or from the Website.
      6. Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software.
      7. Incompatibility between the Website and your other services, hardware, or software.
      8. Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website.
      9. Loss or damage incurred because of the use of any Materials (including User Contributions) posted, emailed, sent, or otherwise made available through the Website.
    2. You hereby release LoveHerMerch, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of your User Contributions or the conduct of other users or third parties, including disputes between you and one or more other users or third parties.
  24. Exclusion of Damages; Exclusive Remedy
    1. Unless caused by its gross negligence or intentional misconduct, LoveHerMerch, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Website or the Materials.This exclusion applies regardless of the theory of liability, and even if you told us about the possibility of those damages, or we knew or should have known about the possibility of those damages.
    2. LoveHerMerch, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the Materials.This exclusion applies regardless of the theory of liability, and even if you told us about the possibility of those damages, or we knew or should have known about the possibility of those damages.
    3. If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to terminate your account (if you have one) and stop using the Website. LoveHerMerch’s and its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers’ maximum liability to you for any claim will not exceed the greater of $2,500 USD and 100% of the total amount you have paid us in connection with your use of the Website, even if the remedy fails of its essential purpose.
  25. Waiver of California Civil Code Section 1542—California Residents Only.For the releases of liability set out in this agreement, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that:
    A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
    You waive all rights under section 1542 and any other federal or state statutes or laws of similar effect.
  26. Scope of Disclaimers, Exclusions, and Limitations.The disclaimers, exclusions, and limitations stated in sections 22., 23., and 24. apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, excluding some damages, or other matters, one or more of the disclaimers, exclusions, or limitations will not apply to you.
  27. Indemnification
    1. In General.You will pay LoveHerMerch, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (collectively,“Indemnified Parties”) for any loss of the Indemnified Parties’ that is caused by any of the following: (a) your access of, or conduct on, the Website; (b) your User Contributions; (c) your offline conduct; (d) your breach of this agreement; (e) your dispute with any seller, buyer, or any other user; (f) your violation or infringement of rights of any person, including intellectual property, publicity, and privacy rights; (g) your violation of any applicable law; (h) your tortious acts or omissions; or (i) your criminal acts or omissions. But you are not required to pay if the Indemnified Parties’ intentional misconduct caused the loss.
    2. Definitions.“Loss”means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
    3. Indemnified Party’s Duty to Notify You.If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
    4. Legal Defense of a Claim.The Indemnified Party has control over defending a claim for a loss (including settling it), unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.
    5. No Exclusivity.The Indemnified Parties’ rights under this section 27. do not affect other rights they might have.
  28. Governing Law and Jurisdiction
    1. Nevada law (including its statutes of limitations) governs all matters arising out of or relating to the Website or this agreement without giving effect to any conflicts of law principles. This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.
    2. Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or this agreement will be subject to the exclusive jurisdiction and venue of the United States District Court for the District of Nevada or any state court of competent jurisdiction in Clark County, Nevada. Each party submits to the personal jurisdiction of the United States District Court for the District of Nevada and the state courts of competent jurisdiction in Clark County, Nevada to resolve all disputes arising out of or relating to the Website or this agreement not subject to arbitration. Each party waives any right to seek another forum or venue because of improper or inconvenient forum.
  29. Dispute Resolution and Binding Arbitration
    1. Arbitration
      1. You and LoveHerMerch are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and us arising from or relating in any way to your use of the Website, will be resolved exclusively and finally by binding arbitration.
      2. Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) will administer the arbitration under its rules available at www.arbresolutions.com, then in effect, except as modified by this section 29.1. The Federal Arbitration Act will govern the interpretation and enforcement of this section 29.1. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
      3. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
      4. You agree to an arbitration on an individual basis. In any dispute,neither you nor LoveHerMerch will be entitled to join or consolidate claims by or against other users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity.The arbitral tribunal will not consolidate more than one person’s claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
      5. If any provision of this section 29.1 is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
    2. Recovery of Expenses.In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the Prevailing Party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the Prevailing Party incurs in those proceedings, including legal fees and expenses. For purposes of this section 29.2,“Prevailing Party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the Prevailing Party. If any proceedings are voluntarily dismissed or are dismissed as part of the settlement of that dispute, neither party will be the Prevailing Party in those proceedings.
    3. Jury Trial Waiver. Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.
    4. Limitation on Time to Bring Claims. A party must not file a claim arising out of or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
  30. General
    1. Entire Agreement.This agreement constitutes the entire agreement between you and us about your use of the Website and supersedes all earlier or contemporaneous agreements between you and us about the Website. Any additional terms on the Website will govern the items to which they pertain.
    2. Assignment and Delegation. We may assign our rights or delegate any performance under this agreement without your consent. You must not assign your rights or delegate your performance under this agreement without our prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 30.2 is void.
    3. Waiver.If we fail to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
    4. Severability.If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
    5. Notices
      1. Notice to Us.You may give notice to us by email at support@LoveHerMerch.com unless the Website specifies a different email address for giving notice. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for notifying us.
      2. Notice to You—Electronic Notice.You consent to receive any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice.
    6. Force Majeure.We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
    7. No Third-Party Beneficiaries.Except for the Indemnified Parties, who are third-party beneficiaries of section 27. of this agreement having the right to enforce section 27., this agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
    8. Relationship of the Parties.This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties. The parties expressly disclaim the existence of any of these relationships. Neither party is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.
    9. Successors and Assigns.This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
    10. Electronic Communications Not Private.We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to or through the Website regardless of whether they are the intended recipients.
    11. Recording Communications. We may record communications conducted or initiated on or through the Website. We use recorded data obtained to evaluate the Website, to monitor compliance with this agreement, for quality assurance purposes, and to promote the Website. You may opt out of our use of any recording for marketing purposes by sending an email to privacy@LoveHerMerch.com and putting “Recording Opt-Out” in the subject of the email.
    12. Electronic Signatures.Any affirmation, assent, or agreement you send through the Website will bind you. When you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
    13. Consumer Rights Information—California Residents Only.This section 30.13 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
      Oktogon Media, Inc.
      8465 W Sahara Ave., Ste. 111-512
      Las Vegas, NV 89117
      United States of AmericaUsers who wish to gain access to the password-restricted area of the Website must register. We do not charge consumers for registering, but sellers charge for access to various content and features. You may contact us at support@LoveHerMerch.com to resolve any billing disputes or to receive further information about the Website.
    14. Complaints—California Residents Only.You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
    15. Unsolicited Idea Submission Policy.We and our employees do not accept or consider unsolicited ideas, suggestions, proposals, comments, or materials, including new or improved products, services or technologies, product or service enhancements, processes, advertising campaigns, promotions, marketing plans, or new product or service names (collectively,“Submissions”). Please do not send any Submissions in any form to us or any of our employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products, services, marketing, or other projects might seem similar to any Submissions made to us. If, despite our policy, you still submit your ideas to us, the following terms will apply to your Submissions, regardless of what your communication states. You acknowledge that: (1) we will consider the Submissions to be nonconfidential and nonproprietary; (2) we may use, copy, redistribute, and disclose the Submissions for any purpose in any way, without compensation to you or any other person or party; and (3) we will have no obligations for the Submissions, including no obligation to review the Submissions, return any materials, or acknowledge receipt of the Submissions. If you do not agree to these terms, please do not send us any Submissions.
    16. Feedback.While we cannot accept unsolicited ideas, we always welcome feedback on our existing business. If you want to send us your feedback, please only provide specific feedback on our existing business and do not include ideas that the policy stated in section 30.15 prohibits. Any feedback you provide is considered nonconfidential and nonproprietary. We will be free to use that information on an unrestricted basis with no compensation to you or any other person or party.
    17. Complaint Policy
      1. Applicability.Whether or not you are a user of the Website, you can use this policy to alert us to any complaint that you have relating to the Website.
      2. How to Make a Complaint.If you have a complaint about the Website (including any complaint about content appearing on the Website or the conduct of a user), please send your complaint to compliance@LoveHerMerch.com, including your name, address, contact details, a description of your complaint, and, if your complaint relates to content, the URL for the content to which your complaint relates. If you cannot contact us by email, please write to us at the most appropriate address identified in section 30.19.
      3. Complaints of Illegal or Non-Consensual Content.After receiving your complaint of illegal or non-consensual content under section 30.(b), (i) we will take those steps as we consider to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint; (ii) if we require further information or documents from you, we will contact you to let you know; (iii) we will in good faith investigate your complaint within seven business days; (iv) if we are satisfied that the content is unlawful or non-consensual, we will immediately remove that content, and we will notify you of our decision by email or other electronic message; and (v) if we are satisfied that the content is not unlawful or non-consensual, we will notify you of our decision by email or other electronic message. Any dispute regarding our determination that content is non-consensual will be submitted by us to a neutral arbitration association at our expense.
      4. All Other Complaints.After receiving any other complaint (including complaints related to other breaches of this agreement or the seller agreement) under section 30.(b), (i) we will take those steps as we consider to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint; (ii) if we require further information or documents from you, we will contact you to let you know; and (iii) we will in good faith take those actions as we consider appropriate to deal with the issue that your complaint has raised. If you have complained about the content that appears on the Website and we are satisfied that the content otherwise breaches this agreement or the seller agreement, we will act promptly to remove that content. We are not required to inform you of the outcome of your complaint.
      5. Unjustified or Abusive Complaints.If you are a user of the Website, you state that you will not make any complaint under this section 30.17 that is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your user account.
    18. Survival.On termination of this agreement for any reason, any provision which, by its nature or express terms should survive, will survive the termination of this agreement.
    19. Your Comments and Concerns.The Website is owned and operated by LoveHerMerch, 318 N. Carson Street, Suite 208, Carson City, Nevada 89701. All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy in the manner and by the means set out in it. All abuse notices, including alleged child sexual abuse material (CSAM), should be directed to compliance@LoveHerMerch.com. You should direct all other feedback, comments, requests for technical support, and other communications relating to the Website to us at support@LoveHerMerch.com.
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