Terms and Conditions

Effective Date: 1 January  2020

These terms of use (“Terms”) explain the lawful purposes for which you may use the Lovin In Her Eyes websites, which, collectively, make up our “Platform”. The Platform is owned and operated by Lovin In Her Eyes, a Colorado limited liability company.

Lovin In Her Eyes may modify these terms from time to time. The effective date for these Terms is displayed above. Any changes to the Terms will be published on this Platform. 

These Terms incorporate by reference the Platform’s Privacy Notice (“Privacy Notice”). The Terms and the Privacy Notice, combined, constitute a legal agreement between You and Lovin In Her Eyes. Please read the current versions of both documents prior to using the Platform. By using the Platform, you accept and agree to comply with the Privacy Notice and the Terms. Lovin In Her Eyes may modify these Terms. By using the Platform, you accept and agree to comply with the Privacy Notice and the Terms.

Do not use the Platform if you do not fully accept or agree to full comply with the Privacy Notice and the Terms.

By using the Platform, you confirm that you read, understood, accept the entirety of without modification, and agree to fully comply with the Terms. If you do not or cannot agree to the Terms, you do not have permission to use the Platform, and you must stop using it.

Platform Use Eligibility

This Platform may only be used by individuals who are 18 years of age or older. 

You represent that you are a person of legal age to form a binding contract, in accordance with the applicable laws of the territory or country from where you are accessing the Platform. 

Lovin In Her Eyes makes no representation about your eligibility to use the Platform or that your use of the Platform is in accordance with applicable law.

Optional Account Enrollment, Account, Password and Security

In order to access some parts of the Platform, you may have to register on the Platform by providing details such as your complete name, e-mail address, contact number and other details to create an account (“Account”). 

You agree to ensure that the Account information and all information you provide is complete, and accurate. You agree not to impersonate any individual or entity. If there is any change in the Account information or if any information is found to be incomplete, inaccurate or incorrect, you agree to promptly update your Account information on the Platform. If you provided any information that is untrue, inaccurate, or incomplete, or if Lovin In Her Eyes has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, Lovin In Her Eyes may suspend or terminate your Account at its discretion.

You agree that you are responsible for maintaining the confidentiality of your Account information and responsible for all activities that occur under your Account. You agree to ensure that you exit from your Account at the end of each session. You agree to promptly notify Lovin In Her Eyes of any evidence you discover that indicates someone accessed your Account without your permission.

Authorized Platform Use

Subject to compliance with the Terms, Lovin In Her Eyes hereby grants you a non-exclusive, limited privilege to access or use the Platform. 

You agree to use the Platform only for purposes expressly permitted by the Terms and purposes that comply with applicable laws or regulations. 

You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Lovin In Her Eyes. 

You agree that you are solely responsible for your actions and activities while using the Platform. 

You agree that you will not intentionally engage in conduct that is clearly illegal. 

You agree to indemnify Lovin In Her Eyes in relation to any losses or damages that were proved and can be proved to have been caused by your actions or activities that violated these Terms.

You agree that by using the Platform, you may expose yourself to content others may publish that you might consider offensive, indecent, or objectionable. 

You agree that Lovin In Her Eyes, to the extent applicable laws allow, may not be held liable for the publication of any content that you consider offensive, indecent, or objectionable.

You agree not to engage in conduct that you believe will:

• use the Platform or any of its content for any purpose that is illegal or unlawful;
• violate any applicable laws or regulations in force or anyone’s right to privacy or personality;
• defame, abuse, harass, threaten, or violate the legal rights of this Platform’s users;
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;
• engage in any activity that interferes with or disrupts access to the Platform;
• upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the Platform;
• attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform by illegal or unlawful means; or
• reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

Intellectual Property Rights

The Platform’s content, including but not limited to, all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code used by the Platform is owned or controlled by Lovin In Her Eyes. The design, structure, selection, coordination, expression, look, feel, or arrangement of the content is protected by intellectual property laws or rights.

The trademarks, logos and service marks displayed on the Platform are the property of Lovin In Her Eyes or other respective third parties. 

Except as expressly provided herein, you acknowledge and agree that you will not copy, republish, post, display, translate, transmit, reproduce or distribute any of the content that may be found on the Platform without obtaining Lovin In Her Eyes permission beforehand.

User and Third-Party Content

The Platform may allow its users to display, provide, or feature their content on the Platform, subject to compliance with applicable laws and these Terms.

You agree that you are solely responsible for content that you display or upload to the Platform and for complying with all applicable laws, including, but not limited to, laws requiring you to obtain consent or permission of any third party to use any content or portion thereof.

You hereby grant the Lovin In Her Eyes the right to use, record, reproduce, distribute, adapt, publish, display (including recording thereof), any content that you submitted, displayed, posted, or communicated on the Platform, to the full extent that the applicable laws allow. 

If you do not wish to provide this right to Lovin In Her Eyes, you agree that you will refrain from using the Platform. 

The Platform may also link to or republish data and information that third parties published.

Lovin In Her Eyes does not provide any guarantee with respect to the truthfulness, credibility, accuracy, completeness, or genuineness of any content that you, its other users, or third parties published.

You agree that Lovin In Her Eyes shall not be held liable for any losses or damages that you suffered due to your reliance on or use of any content published or republished on the Platform to the full extent that the law allows.

If the Platform contains links to third-party sites or resources, these links are provided for your convenience only. Lovin In Her Eyes has no control over the contents of linked sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policy for such websites.

Disclaimer of Warranties & Liability

You expressly understand and agree to the following.

• The Platform and its content are provided by Lovin In Her Eyes on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, Lovin In Her Eyes makes no warranty that (i) the Platform can or will meet your requirements, or your use of the Platform will be uninterrupted, timely, secure or error-free. No advice or information, whether oral or written, obtained by you from Lovin In Her Eyes shall create any warranty not expressly stated in the Terms.
• Lovin In Her Eyes will have no liability related to any user’s or third-party’s content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other applicable laws. Lovin In Her Eyes also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user’s or third-party’s content.
• Lovin In Her Eyes will not be liable for any loss that you may incur due to the unauthorized use of your Account or Account information in connection with the Platform either with or without your knowledge, to the full extent that applicable law allows.
• Lovin In Her Eyes will not be responsible for the delay or inability to use the Platform or its content. 
• Lovin In Her Eyes is under no obligation to oversee, monitor, or moderate any interactive feature (audio and video) provided through the Platform, and Lovin In Her Eyes expressly excludes any liability for any loss or damage arising from the use of the Platform.

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless Lovin In Her Eyes, its agents, and its affiliates from and against any and all losses, liabilities, claims, damages, demands, costs and expenses that arise out of, or result from, your use of the Platform. 

You agree that Lovin In Her Eyes, its agents, and its affiliates will not be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages arising out of or in connection with your use of or access to the Platform.

You agree that, to the fullest extent provided by applicable law, in no event will the collective liability of Lovin In Her Eyes, its agents, or its affiliates exceed the amount you have paid to Lovin In Her Eyes during the last twelve months. 

The limitations and exclusions in this Clause apply to the maximum extent permitted by applicable laws.

Violation of the Terms

You agree that Lovin In Her Eyes may, without notice, block your future access to the Platform or certain features thereof, or suspend or terminate your Account without prior notice, if it believes, in its sole and absolute discretion, that you have infringed, breached, violated, abused, or unethically manipulated or exploited these Terms (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same) or otherwise acted unethically.

You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Lovin In Her Eyes, for which monetary damages would be inadequate, and you consent to Lovin In Her Eyes obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Lovin In Her Eyes may have at law or in equity. If Lovin In Her Eyes takes any legal action against you as a result of your violation of these Terms, you agree that it will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

Governing Law

These Terms and all transactions entered into on or through the Platform and the relationship between you and Lovin In Her Eyes shall be governed in accordance with the laws of the State of Colorado, United States of America, without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation to the Platform, the Terms or any transactions entered into, on, or through the Platform or the relationship between you and Lovin In Her Eyes shall be subject to the exclusive jurisdiction of the courts in the State of Colorado, United States of America and you hereby accede to and accept the jurisdiction of such courts.

Grievances Policy

In the event you have any grievances, or come across any violation of these Terms, or become aware of any objectionable content on the Platform, please report the same to the email or mailing address provided at the end of this document.

You agree that unless an applicable law provides for a shorter period of limitation, any cause of action or claim you may have arising out of or relating to these Terms must be commenced within one year from the date on which the cause of action arose; otherwise such cause of action or claim shall be permanently barred to the extent that the applicable law allows.

Electronic Communications

If you are not in the United Kingdom or the European Economic Area, you hereby expressly agree to receive communications by way of text messages, push notifications, or e-mails from Lovin In Her Eyes relating to products or services you requested through the Platform.

General Provisions

You agree that you cannot or will not assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Lovin In Her Eyes rights under the Terms are freely transferable by Lovin In Her Eyes to any third party, without the requirement of seeking your consent.

If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

Any failure by Lovin In Her Eyes to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Lovin In Her Eyes of that provision or right.

Alleged Intellectual Property Infringement

If you believe the Platform or one of its users violated or is violating your intellectual property rights, you must promptly notify Lovin In Her Eyes in writing at the email or mailing address provided at the end of this document. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on their behalf. You agree that any false claim by you or your representative may result in the termination of your access to the Platform. 

You are required to provide the following details in your notice:

• the intellectual property that you believe is being infringed;
• the item that you think is infringing and include sufficient information about where the material is located on the Platform;
• a statement that you believe in good faith that the item you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
• your contact details, such as your address, telephone number, and/or email;
• a statement that the information you provided in your notice is accurate, and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
• your physical or electronic signature.

Contact Information

Please email us at info@lovininhereyes.com with your questions. Do not email us confidential, sensitive or personal information. If you are unable to reach us using email, you may send us a letter to the following address:

Lovin In Her Eyes
13918 E Mississippi Ave., Unit 239
Aurora, CO 80012