Last Modified: MARCH 2, 2018
*IMPORTANT: PLEASE READ CAREFULLY *
BY CHECKING THE BOX TO AGREE OR CLICKING AN “I AGREE” BUTTON, WHENEVER PRESENTED, TO AGREE TO THESE TERMS OF SERVICE, OR BY SIGNING UP, ACCESSING, OR USING THE WEBSITE AND/OR SERVICES, YOU:
AGREE THAT THIS AGREEMENT IS A LEGALLY BINDING AND VALID AGREEMENT;
ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN;
III. REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE;
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATION, ORGANIZATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE CORPORATION, ORGANIZATION OR LEGAL ENTITY AND BIND IT TO THE TERMS SET FORTH HEREIN; AND
TO TAKE ALL NECESSARY STEPS TO ENSURE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE NOT VIOLATED BY YOU OR ANY PERSON OR ENTITY UNDER YOUR CONTROL OR IN YOUR SERVICE.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CHECK ANY “I AGREE” BOX OR CLICK ANY “I AGREE” BUTTON TO AGREE TO THESE TERMS OF SERVICE, OR SIGN UP, ACCESS OR USE THE WEBSITE AND/OR SERVICES.
CHANGES TO THIS AGREEMENT
We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access to and use of the Website and any associated services constitutes your agreement to be bound by, and your acceptance of, the Agreement posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you visit the Website or sign into your account. Therefore, we encourage you to review this Agreement regularly.
If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with written notice of withdrawal of your acceptance. Upon providing us with your notice of your acceptance withdrawal, you are no longer authorized to access or use the Website or any associated services, and you must not do so.
1. You Must Be At Least 18 Years Old to Use the Website
The Website is offered and available only to individuals who are 18 years of age or older. We make no active effort to collect personal information from individuals under the age of 18. By using the Website, you represent and warrant that you are (i) at least 18 years of age and are competent to contract in your own name; or (ii) represent and are authorized by an organization to enter it into binding contracts. If you do not meet these requirements, you must not access or use the Website.
2. Description of Services
We provide Services via the Website to assist Users (“ Buyers”) seeking to purchase sex dolls and associated products (collectively, the “Products”).
The Website operates as a neutral venue allowing other Users who are manufacturers, distributors, and/or direct sellers (collectively, the “ Sellers”) of Products to advertise and offer their Products for sale to Buyers via the Website’s interface.
The Website further allows Buyers to research, search or shop for, customize, order, and purchase the Products offered by the Sellers. Buyers may, but need not, create accounts and purchase Products from the Sellers via the website.
While Sales transactions may be effectuated directly through the LumiDolls Website, LumiDolls merely promotes and advertises Products for sale, serves as a point of contact between Sellers and Buyers, facilitates the exchange of information between Sellers and Buyers, assist Buyers in facilitating payments and transmitting funds to Sellers, and assisting Buyers and Sellers with logistical matters. Unless otherwise stated, LumiDolls does not own, keep in inventory, or manage any Products listed on the Website, nor is LumiDolls ever a party to any contract between Buyer and Seller for the sale or purchase of any Products listed on the Website. LumiDolls serves only as a platform for the purpose of facilitating and coordinating payments, shipments, and communication between Buyers and Sellers.
While LumiDolls works closely with Sellers and takes steps to verify their legitimacy, LumiDolls is not a party to the transaction(s) between Buyers and Sellers. As such, LumiDolls has no control over:
The quality, safety, or legality of the Products advertised on the Website;
The truth or accuracy of Products specifics or details that are provided by the Seller;
iii. The origin or authenticity of any Products advertised or offered on the Website;
The legal or regulatory compliance of any sale of Products;
The ability of Sellers to sell Products;
The method, form, delivery of shipped Products;
vii. The use, misuse, or defects of Products; or
viii. The acts or omissions of Sellers.
3. Accessing the Website and Account Security
LumiDolls reserves the right to, at any time and without notice:
Discontinue transmitting all or any parts of the content related to the Website;
Amend the Website and any Products or material provided on it;
iii. Change, discontinue, or limit access to the Website;
Change or Discontinue any Services (or any part thereof); and
Suspend or terminate your use or access to the Website, or your account, in our sole discretion.
LumiDolls will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
The User is responsible for:
3.1. Making all arrangements necessary to have access to the Website; and
3.2. Ensuring that all persons who access the Website through the User’s Internet connection are aware of these Terms of Service and comply with them.
3.4. If you choose,or are provided with, a user name, password, or any other piece of information as part of LumiDolls security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you (or, in the case of an entity, to a single authorized representative of the entity) and agree not to provide any other person with access to the Website, or to portions of the Website, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
3.5. LumiDolls has the right to disable any user name, password, or other identifier, whether chosen by User or provided by LumiDolls, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
3.6. LumiDolls further reserves the right to refuse Services to anyone for any reason and at any time.
4. Intellectual Property Rights
The Website and all content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by LumiDolls, its licensors or other providers of such material and are protected by Spain and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The LumiDolls name, the LumiDolls logo, and all related names, logos, product and service names, designs and slogans are trademarks of LumiDolls or its affiliates or licensors. You must not use such marks without our prior written consent. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
Certain content, including information, descriptions, images, videos, designs, brand names, company names, product names, and marks are owned be owned by Sellers or their respective licensors. You must not use such materials without our prior written consent from the Sellers.
Nothing in the Website shall be interpreted as granting any license to use any image, trademark, logo, or service mark contained therein. These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials on the Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewingthose materials;
You may store files that are automatically cached by your Internet browser for display enhancement purposes; and
iii. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
1. Users are not permitted to:
1.1. Modify copies of any materials from this site; or
1.2. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
1.3. You must not access or use any part of the Website or any services or materials available through the Website for any commercial purposes. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
1.4. If you print, copy, modify, download or otherwise use or provide any other person with access to any restricted part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at LumiDolls option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website, or any content on the Website, is transferred to you, and LumiDolls reserves all rights not expressly granted herein. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
5. Trademark Infringement Claims
If you believe in good faith that materials available on the Website infringe your trademark rights, you or your agent may send LumiDolls a notice requesting that we remove the material from the Website or block access to it. All trademark-related notices should be sent to:
6. Prohibited Uses
6.1. You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
6.2. In any way that violates any applicable national, federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data, software, or goods to and from Spain or other countries);
6.3. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
6.4. To send, knowingly receive, upload, download, use or re-use any material that does not comply with the permitted use set forth in these Terms of Service;
6.4.1 To transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
6.4.2 To impersonate or attempt to impersonate LumiDolls, a LumiDolls employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing); or
6.4.3 To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by LumiDolls, may harm LumiDolls or users of the Website or expose them to liability.
6.5. Additionally, you agree not to:
6.5.1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
6.5.2. Use any robot, spider, crawler, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
6.6. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
6.6.1. Use any device, software or routine that interferes with the proper working of the Website;
6.6.2. Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
6.6.3. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
6.7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
6.8. Attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website; or
Otherwise attempt to interfere with the proper working of the Website .
7. Pricing; Reliance on Information Posted
7.1. Pricing for each Product available for purchase via the Website is displayed together with the Product. LumiDolls expressly reserves the right to add or remove Products or change pricing for any Product at any time and without notice. LumiDolls DISCLAIMS ALL LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY CHANGES TO AVAILABILITY OF PRODUCTS OR PRICING.
7.2. The information presented on or through the Website is made available solely for general information purposes. Product information content on the Website is provided by the Seller offering the Product,and is not a representation provided by LumiDolls. LumiDolls does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. LumiDolls DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY USER OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
7.3. All statements and/or opinions expressed in these materials, and all testimonials, articles andresponses to questions and other content, other than the content provided by LumiDolls, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of LumiDolls. Accordingly, we are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
7.4. We may update the content on the Website from time to time, but its content is not necessarily always complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
7.5. We make concerted efforts to make sure that all images of Products made available through the Website are accurate. We, however, cannot guarantee that your computer monitor’s display of any color will be accurate. Furthermore, we cannot guarantee all that images of all Products posted or provided by their respective Sellers will be accurate.
8. Information About you and your Visits to the Website
9. Disputes Between Buyers and Sellers
9.1. LumiDolls will take reasonable steps to assist Buyers and Sellers to resolve any dispute that may arise in the course of their use of the Website and any transaction involving Products. LumiDolls, however, is simply an advertiser for Products offered by Sellers and a facilitator of the transaction between a Buyer and a Seller, if they enter into one. Accordingly, since LumiDolls is not a manufacturer, distributor, or reseller, and since LumiDolls has no actual contact with the Products, LumiDolls has no obligation or responsibility to resolve disputes between Buyer and Seller involving the Products.
9.2. IN THE EVENT OF A DISPUTE BETWEEN YOU AND ANOTHER USER ARISES, INCLUDING BUT NOT LIMITED TO SALES, TRANSACTIONS, PAYMENT, CANCELLATIONS, REFUNDS, EXCHANGES AND COMMUNICATIONS, YOU AGREE TO RELEASE LUMIDOLLS, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, DEMANDS, AND DAMAGES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9.3. IN MAKING THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR WHEN AGREEING TO THIS RELEASE.
10. Purchases, Returns, Exchanges, and Additional Terms
10.1. In purchasing any Products from Sellers via the Website, Buyers agree to comply with the following:
10.2. As a Buyer, you have sole and exclusive responsibility overall aspects of due diligence relative to a purchase of any Products, including any Seller terms, and Seller-specific details and descriptions.
10.3. As a Buyer, you acknowledge and agree that you are acting on your own behalf, and that LumiDolls is not a party to any subsequent purchase/sale/re-sale contract for the Products;
10.4. As a Buyer, you further acknowledge and agree that LumiDolls does not represent you or Seller at any stage of your order for Products with the Seller;
10.4.1. You acknowledge and agree that you are acting on your own behalf,and that LumiDolls is not a party to any subsequent purchase/sale/re-sale contract for the Products.
10.4.2. Products that are offered for sale via the Website are made-to-order for each Buyer by the respective Sellers. Accordingly, the following applies to refunds and returns for any Products purchased by a Buyer:
10.4.2.1. Orders for Products may be cancelled by the Buyer within twenty-four (24) hours from the date and time of purchase (“ 24 Hour Cancellation Period”) for a refund of funds paid to the Buyer’s original payment method (subject to processing and transaction fees). LumiDolls must receive the cancellation request within the 24 Hour Cancellation Period - no exceptions can be made. The following terms apply after the 24 Hour Cancellation Period:
10.4.2.2. Dolls is a custom product that is created especially for Buyer. After the 24 hour period, an order will be processed and cannot be cancelled for any reason.
10.4.2.3. LumiDolls will send the order details via email to Buyer, if Buyer don't cancell the order within 24 hours (starting from the moment of purchase) the order cannot be cancelled or returned for any reason. If Buyers want to modify, edit or upgrade the order he has to reach out LumiDolls asap in order to request the changes and to see if the changes are possible.
10.4.2.4. If for exceptional reasons the cancellation is accepted by Seller after the 24 Hours Cancellation Period. The cancellation will be subject to a Seller’s restocking fee (“ Restocking Fee”) of twenty percent (20.0%) from the value of the Product order. LumiDolls will provide to Buyer a refund of funds paid minus the Restocking Fee to the Buyer’s original payment method and other fees may apply such as processing and transaction fees.
10.5. After a Product is shipped to Buyer, THE SALE IS FINAL, and it cannot be cancelled or returned for any reason, except due to a defect in accordance Sections 10.5.1 / 10.5.2 / 10.5.3.
10.5.1. If you receive a Product that is damaged or with components or features that are missing, you must notify LumiDolls of the damage or missing component/feature within two (2) calendar days of the delivery of the Product to you. LumiDolls and the Seller may request additional information from you, including pictures and descriptions of the damage and/or missing items to evaluate the claim, and you agree to provide the requested materials. Upon review, the Seller shall have the sole and exclusive right to accept or decline the claim for damage or missing components/features. If the Seller accepts your claim, it shall have the right, at its sole option, to provide either: i) the missing parts or features; ii) a repair to the Product; iii) a replacement of the Product; or iv) a refund of moneys actually paid by you for the Product.
10.5.2 If you receive a Product with a manufacturing defect, you must notify LumiDolls within two (2) calendar days of the delivery of the Product to you. In the case of a latent defect of a Product, you must notify LumiDolls within two (2) calendar days of your initial discovery of such latent defect. Repair or replacement of any defective product shall be in accordance with the warranties and policies of the Seller responsible for the Product.
10.5.3. The Buyer is solely and exclusively responsible for all taxes, duties, and fees that may be levied upon any Product at the time of delivery by the government of the destination country, province, state, region or territory to where the Product is shipped. LumiDolls and the Seller may request additional information from you, including pictures and descriptions of the defect to evaluate the claim, and you agree to provide the requested materials. Upon review, the Seller shall have the sole and exclusive right to accept or decline the defect claim. If the Seller accepts your claim, it shall have the right, at its sole option, to provide either: ii) a repair to the Product; iii) a replacement of the Product; or iv) a refund of moneys actually paid by you for the Product.
10.6. For all Product repairs or replacements that did not the result from a manufacturing defect, Buyer shall be responsible for all shipping costs.
10.7. If the Seller agrees to accept a return of any Product for any reason, LumiDolls shall not be responsible for any shipping costs associated with such return of Product. Unless the Seller expressly agrees to pay for shipping costs of a returned Product, the Buyer shall be solely responsible for such cost of return.
10.8. Each Seller and Product may have its own, additional rules and policies for order cancellations, exchange of Products, return of Products, and for refunds for Products that are different from the other Products offered via the Website. Any additional or differing terms shall be displayed with or near the Product description. As a Buyer, you agree to comply with the specific terms set forth by a Seller in connection with its any Products it sold.
10.9. As a Buyer, you acknowledge and agree that LumiDolls reserves the right to reject any order that you make via the Website (or to transmit any order to the respective Seller) for any reason. If we cancel or reject an order that you have placed via the Website, we will attempt to notify you by contacting you via the information provided when you created your Account or provided at the time your order was made.
11. Geographic Restrictions
LumiDolls owns the Website and is based in the State of Spain in Europe. While we provide Services to customers internationally, LumiDolls is NOT responsible for compliance with local laws or customs or for the actions or inactions of any government actors outside of Spain in connection with the Services or any Products. We make no claims that the Website or any of the content contained therein is accessible or appropriate outside of the Spain. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Spain, you do so on your own initiative and are responsible for compliance with local laws. LumiDolls reserves the exclusive right to limit the countries from which Buyers can purchase the Products through the Website. Each Seller has the right to refuse any orders from any Buyer.
12. Disclaimer of Warranties
12.1. User understands that LumiDolls cannot and does not guarantee or warrant that content AVAILABLE from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection.
12.2. LUMIDOLLS DISCLAIMS ANY AND ALL WARRANTIES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USER’S USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO USER DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
12.3. YOUR USE OF THE WEBSITE, THE CONTENT THEREIN, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THE CONTENT THEREIN, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, NEITHER LUMIDOLLS NOR ANY PERSON ASSOCIATED WITH LUMIDOLLS MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR ACCESSABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LUMIDOLLS NOR ANYONE ASSOCIATED WITH LumiDolls REPRESENTS OR WARRANTS THAT THE SITES, THE CONTENT THEREIN, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
12.4. LUMIDOLLS DOES NOT DESIGN, MANUFACTURE, ASSEMBLE, REPAIR, STORE, OR SHIP ANY PRODUCTS WHATSOEVER. ACCORDINGLY, LUMIDOLLS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, OR AUTHENTICITY OF ANY PRODUCTS OFFERED, PURCHASED, SOLD OR OTHERWISE WITH RESPECT TO THE PRODUCTS ACQUIRED THROUGH THE WEBSITE, OR INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE PRODUCTS (INCLUDING WITHOUT LIMITATION ANY PATENT, COPYRIGHT AND TRADEMARK RIGHTS, OF ANY THIRD PARTY WITH RESPECT TO THE PRODUCTS, WHETHER RELATING TO INFRINGEMENT OR OTHERWISE).
13. Limitation of Liability
IN NO EVENT WILL LUMIDOLLS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR ANTICIPATED PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BREACH OF PRIVACY, UNAUTHORIZED ACCESS TO YOUR DATA OR INFORMATION BY THIRD PARTIES, OR OTHER INTANGIBLE LOSSES (EVEN IF LUMIDOLLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, WITHOUT LIMITATION:
YOUR USE, OR INABILITY TO USE, THE WEBSITE;
YOUR USE, OR INABILITY TO USE, ANY THIRD PARTY TOOLS;
iii. ANY WEBSITES LINKED TO THE WEBSITE;
ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES;
ACTIONS, ERRORS OR OMISSIONS OF ANY BUYER, SELLER, OR ANY THIRD PARTY;
INTENTIONAL OR MALICIOUS ACTS OF ANY USER, BUYER, SELLER, OR THIRD PARTY;
vii. ACTIONS, OMISSIONS, OR FAILURES TO ACT BY ANY GOVERNMENT ACTORS, AGENTS OF ANY GOVERNMENT, OR THIRD PARTIES ACTING ON BEHALF OR AT THE DIRECTION OR UNDER THE AUTHORITY OF ANY GOVERNMENT;
viii. STATEMENTS, CONDUCT, OR ACTIONS OF ANY USER OR THIRD PARTY;
YOUR USE, IMPROPER USE OR MISUSE OF THE PRODUCTS, OR YOUR INABILITY TO USE THE PRODUCTS;
ANY DELAY IN SHIPPING OR RECEIVING PRODUCTS THAT YOU PURCHASED THROUGH THE WEBSITE;
ANY DELAY IN COMPLETING A TRANSACTION TO BUY OR SELL PRODUCTS;
xii. FAILURE OF ANY PRODUCTS YOU PURCHASED TO COMPLY WITH YOUR SPECIFIC PURPOSE OR REQUIREMENTS;
xiii. FAILURE OF ANY PRODUCTS YOU PURCHASED TO COMPLY WITH DESCRIPTIONS OR SPECIFICATIONS LISTED BY SELLERS OR THIRD PARTIES;
xiv. ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE;
YOUR PROCUREMENT OF SUBSTITUTE PRODUCTS;
xvi. LUMIDOLLS ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM;
xvii. RELIANCE ON ANY ACTUAL OR PERCEIVED GUIDANCE PROVIDED BY LUMIDOLLS OR LUMIDOLLS AGENTS REGARDING USE, PURCHASE, SALE OF ANY PRODUCT OR ANY OTHER WEBSITE-BASED GUIDANCE;
xviii. YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION RELATED TO WEBSITE OR SERVICES;
xix. YOUR FAILURE TO SEND INFORMATION, REQUESTS OR NOTIFICATIONS TO THE CORRECT PARTIES;
THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING SUPPLIERS, THAT ARE BEYOND OUR REASONABLE CONTROL;
xxi. ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE ADVERTISED THROUGH THE WEBSITE;
xxii. THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS OF SERVICE;
xxiii. VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO THE WEBSITE; OR
xxiv. YOUR USE OF THE WEBSITE OR SERVICES IN A MANNER THAT IS UNLAWFUL.
THE WEBSITE AND ALL SERVICES OFFERED BY LUMIDOLLS AND PRODUCTS AVAILABLE FOR PURCHASE VIA THE WEBSITE ARE LAWFUL IN THE SPAIN. LUMIDOLLS DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM YOUR USE ACCESS OF THE WEBSITE, USE OF THE SERVICES, OR PURCHASE OF PRODUCTS, IN OR FROM A COUNTRY OR JURISDICTION (INCLUDING WHERE THEY ARE UNLAWFUL).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL LUMIDOLLS LIABILITY WITH RESPECT TO ANY MATTER OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE AMOUNT PAID BY YOU TO LUMIDOLLS HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT.
YOU AGREE TO WAIVE AND HOLD HARMLESS LUMIDOLLS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS FROM ANY CLAIMS RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE FOREGOING PARTIES RELATING TO INVESTIGATIONS OR ACTS UNDERTAKEN BY LAW ENFORCEMENT AUTHORITIES.
5. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE THE TERMINATION OF THIS AGREEMENT, WHICH WILL RESULT IN THE CLOSURE OF YOUR ACCOUNT, AND CESSATION OF YOUR USE OF THE WEBSITE AND SERVICES. ANY AND ALL MONETARY AWARDS TO YOU SHALL BE LIMITED BY SECTION 14(C)HEREIN.
14. Third Party Tools
We may provide you with access to tools, content, resources, applications, or links to other websites that are provided by third parties (collectively, the “Third Party Tools”). All Third Party Tools are provided for your convenience only. We have no control over any Third Party Tools, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access or use any Third Party Tools, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Tools.
You agree to defend, indemnify and hold harmless LumiDolls, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including without limitation expert and attorneys' fees) directly or indirectly arising out of, or relating to, your violation of these Terms of Service and your use of the Website, including, but not limited to, your User Contributions; any use of the Website’ content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
16. Attorneys’ Fees
You agree to pay our reasonable attorneys’ fees, costs and expenses that directly or indirectly arise out of, result from, or relate to a) your breach of these Terms of Service; b) defending claims against us pursuant to your indemnification obligations set forth in Section 17 herein; and c) collection of any Fees or other moneys that you owe to us.
17. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Spain without regard for conflicts of law principles (whether of Spain or any other jurisdiction).
Any legal suit, action, or proceeding arising out of or related to these Terms of Service or the
Website shall be instituted exclusively in the federal courts of Spain, in each case located in the City of Barcelona, although LumiDolls retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your state of residence or any other relevant state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
19. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by LumiDolls of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LumiDolls to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
22. Entire Agreement
These Terms of Service constitute the sole and entire agreement between User and LumiDolls with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
23. Equitable Relief
You acknowledge and agree that your breach of these Terms of Service would cause LumiDolls irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which we may be entitled, you acknowledge and agrees that we may seek injunctive relief to prevent the actual, threatened or continued breach of these Terms of Service.
The headings in these Terms of Service are for reference only and do not affect the interpretation of these Terms of Service.
25. Relationship of the Parties
LumiDolls is at all times a neutral venue operator that helps facilitate the interactions and transactions between Sellers and Buyers. LumiDolls does not buy, sell, offers to sell, or endorses any Products. LumiDolls further does not represent any Buyer or Seller in any transaction or interaction.
26. Comments and Concerns
The Website is operated by LumiDolls. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com