Terms of Use Agreement for Lavish Made

Effective as of

Welcome to LavishMade (the "Site"). The following Terms of Use apply regardless of whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”) Please review the following terms carefully. By accessing or using the Site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site. You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

We may modify this Terms of Use Agreement from time to time. We shall post or display notices of material changes on the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement, including, but not limited to, Additional Terms and Privacy Policy, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described in this Agreement.

ABOUT THE SITE

This site allows you to post, comment, ask questions, share photos, share opinions, message one another, create events and uplift each other. It allows people to use social networking features outside of the current options, which use your information as the product.

PRIVACY POLICY

When you access or use the Site, you signify your agreement to this Privacy Policy. Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • We are the sole owners of the information collected on the Site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
  • In order to use the Site, a user must first complete the registration form and subscribe to the Site. During registration a user is required to give certain information (such as name, email address). At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
  • This Site uses a payment processing company to process payments for advertising, and this Site might contain contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of the payment processor used by the Site or other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information, including the payment processing company used by the Site to pay for advertising.
  • We may directly collect analytics data, or use third-party analytics tools and Sites, to help us measure traffic and usage trends for the Site. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Site. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
  • When you visit the Site, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets the Site help you log in faster and enhance your navigation through the Site. A cookie may also convey information to us about how you use the Site (e.g., the pages you view, the links you click and other actions you take on the Site), and allow us to track your usage of the Site over time. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site may not function properly if the ability to accept cookies is disabled. Full details can be found on our Cookie Policy.
  • The Site may, in its sole discretion, develop a feature that allows you to locate your friends with Site accounts through a “Find friends” feature. The "Find friends" feature allows you to choose to locate friends either through (i) your contact list, (ii) other social media sites (such as Twitter or Facebook) or (iii) through a search of names and usernames or emails on the Site. If you choose to find your friends through your contact list, then you agree to provide the Site access to your contact list such that we can perform the search necessary to determine whether or not someone associated with the information you provide is using the Site. If you choose to find your friends through social media sites, then you understand that the information these sites provide to use to conduct this type of search is governed by their privacy policies and your account settings on those sites. If you choose to find your friends through a search of names or usernames, then simply type a name to search and see if that name or username appears on the Site. Note that we do not retain any information contained in your contacts list, or information from social media sites about your contacts, and we do not use such information for any purpose other than to help you find your friends on the Site.
  • Log file information is automatically reported by your browser or mobile device each time you access the Site. When you use the Site, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Site, domain names, landing pages, pages viewed, and other such information.
  • When you use the Site, we may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information is allows for more accurate reporting and improvement of the Site.
  • When you access the Site by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier ("UUID"). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Site. A device identifier may convey information to us about how you browse and use the Site. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Site. Some features of the Site may not function properly if use or availability of device identifiers is impaired or disabled.
  • When you access the Site by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Site. Some features of the Site, particularly location-based Sites, may not function properly if use or availability of location data is impaired or disabled.
  • We use the information we collect or receive, such as your email address, to communicate directly with you. We may send you emails containing newsletters, promotions, and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your information to send you Site-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Site, technical and security notices). You may not opt out of Site-related emails. You may also be able to be "found" on the Site based on information that you provide (see "Find friends on the Site") above.
  • We use or may use cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) to provide and monitor the effectiveness of the Site; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems; (f) help you efficiently access your information after you sign in; (g) to provide advertising to your browser or device, and (h) automatically update the Site application on your mobile devices.
  • We will not rent or sell your information into third parties outside the Site, LavishMade and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted below:
    Any User Content that you voluntarily disclose for posting to the Site becomes available to the public but can be removed, including by the Site in its sole discretion. Once posted on the Site, User Content may not be removable from public view, as copies may remain viewable in cached and archived pages of the Site, or if other Users have copied or saved that information. If you do not wish your User Content to be available to the public, please don’t post it on the Site. Your username and if you choose to disclose it, your real name, will be published publicly. Once published your username and / or real name may not be able to be removed.
    If you post User Content on the Site while not logged in, your IP address will be published with your User Content in order to attribute your contribution to the Site. A selection of Trusted Users with administrative powers on Site have the ability to review IP addresses of users to reduce abusive behavior. Any third party Site embedded on the Site such as an advertiser, video provider, social network or other third party will also have access to your IP address.
    If you enter an email address, you will enable communication from the Site and other Users. If you reply to users or participate in group Site activities such as events, your email address will be shared with these users.
  • We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, sites, assets and/or businesses. Your information such as customer names and email addresses, User Content and other user information related to the Site may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.
  • The Site will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security, quality or integrity of our Site; and/or (c) to exercise or protect the rights, property, or personal safety of the Site, our Users, or others.
  • To enhance your user experience or help us improve and measure our effectiveness, the Site may embed code from third parties on the Site. Examples of such parties may include Google and others. These third parties may collect information about you including IP address, cookies in ways the Site does not control.

  • How We Store and Protect Your Information Keeping your information safe:
  • LavishMade cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Site. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Site, at all times. However, LavishMade cannot ensure or warrant the security of any information you transmit to the Site or guarantee that information on the Site may not be accessed, disclosed, altered, or destroyed.

  • Compromise of information:
  • In the event that any information under our control is compromised as a result of a breach of security, LavishMade will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

  • Your Choices about Your Information
  • You control your account information and settings: You may update your account information and email-communication preferences at any time by logging in to your account and changing your profile settings. You can also stop receiving promotional email communications from us by modifying your preferences in your account settings.
  • We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Site-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Site, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at LavishMade.com.

  • Opting out of collection of your information for Tracking / Advertising:
  • Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents Site or its business partners from tracking your browser’s activities in relation to the Site, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Site. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at info@LavishMade.com.

  • How long we keep your private profile information:
  • Following termination of your User account, LavishMade may retain your private profile information for a commercially reasonable time for backup, archival, or audit purposes. For the avoidance of doubt, any information that you choose to make public on the Site may not be removable.

  • Children’s Privacy
  • Site does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Site and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at LavishMade.com

  • Links to Other Websites and Sites
  • We are not responsible for the practices employed by websites linked to or from the Site, including the information or content contained therein. Please remember that when you use a link to go from the Site to another website, our Privacy Policy does not apply to third-party websites. Your browsing and interaction on any third-party website, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and we do not control over any third-parties that you authorize to access your User Content. If you are using a third-party website (like Facebook, Google groups, or an IRC chatroom) and you allow such a third-party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Site.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.
  • We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SITE

We require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") and other information we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

If you purchase an add or subscription to the Site, you agree that LavishMade’s third party vendors may store your payment information and that the only way to obtain a subscription is with automatic or recurring billing. ANY SUBSCRIPTION OR ADVERTISEMENT FEE ARE NONREFUNDABLE WHETHER PAID AT ONCE OR IN ANY INSTALLMENTS.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that (is), attempts to, or is likely to:

  • post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, culturally, or ethnically offensive, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, abusive, or otherwise objectionable and offensive, or which may or may appear to impersonate anyone else;
  • use the Site for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"
  • use another user's account without permission;
  • affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Site;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data;
  • modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
  • upload or transmit any content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • upload or transmit any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;

POSTING AND CONDUCT RESTRICTIONS.

When you create your own personalized account, you may be able to provide content ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Site. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. LavishMade however, reserves the right to remove any User Content from the Site at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not post information that is malicious, false or inaccurate;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  • You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Site, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site is solely your responsibility. LavishMade is not responsible for any public display or misuse of your User Content. LavishMade does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Site.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available though the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are soley responsible for such content. LavishMade does not guarantee accuracy, completeness, or usefulness of any information on the Site and neither does LavishMade adopt or endorse, nor is LavishMade responsible for, the accuracy or reliability of any opinion, advice or statement made by parties other than LavishMade. LavishMade takes no responsiblity and assumes no liability for any User Content that you or any user or third party posts or sends over the Site. Under no circumstances will LavishMade be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Site, or transmitted to users.

Though LavishMade strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. LavishMade reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Site or to limit or deny a user's access to the Site or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. LavishMade shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Site, please contact us at lavish@lavishmade.com

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Site, LavishMade may provide you with convenient links to third party website(s)("Third Party Sites") as well as content or items belonging to our originating from third parties (the "Third Party Applications, Softwre or Content"). These links are provided as courtesy to Site subscribers. LavishMade has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or Sites available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by LavishMade, and LavishMade is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available thorugh or installed from the Site, including the content, accuracy, offensivesness, opinions, reliability, privacy practices or other policies of or contained in Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by LavishMade. If you decide to leave the site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review that applicable terms and policies, including privacy and data gathering practicies, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts. LavishMade respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, LavishMade has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat infringers. LavishMade may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to LavishMade’s designated copyright agent at lavish@lavishmade.com

  1. The date of your notification;
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit the Site provider to contact you, such as an address, telephone number, and/or email address;
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept Site of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by LavishMade copyright agent, LavishMade may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in LavishMade’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

LICENSE GRANT

By posting any User Content via the Site, you expressly grant, and you represent and warrant that you have a right to grant, to LavishMade a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including but not limited to the design, look and feel of the Site, all copyrightable or otherwise legally protected and protectable elements of the Site, applicable copyrights, trademarks and other proprietary rights. Except as stated herein, none of the copyrighted and copyrightable materials on this Site, including without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement of the same (the "Materials") thereof are copyrighted, ALL RIGHTS RESERVED, by LavishMade and/or third party licensors. Except as otherwise agreed to by you and LavishMade, none of the Materials, may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of LavishMade or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of LavishMade or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Site’s e-mail and messaging system, will not constitute legal notice to LavishMade or any of its officers, employees, agents or representatives in any situation where notice to LavishMade is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from LavishMade in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that LavishMade provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, including information about LavishMade and special offers. You may opt out of such email by changing your account settings.
Customer Support
Opting out may prevent you from receiving messages regarding LavishMade or special offers.

WARRANTY DISCLAIMER

THE SITE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LAVISHMADE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LavishMade MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LavishMade, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH LavishMade OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LavishMade HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of LavishMade to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with LavishMade must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Oklahoma, without regard to conflict of law provisions.

LavishMade may assign or delegate these Terms of Site and/or LavishMade’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Site or Privacy Policy without LavishMade’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.