LAST UPDATED: AUGUST 20, 2012
Thank you for visiting luvmybox.com (the “Website”). The services on this site are offered to you subject to the following terms and conditions (the “Agreement”). If you visit or subscribe to services offered by the Website, you accept these conditions. Please read them carefully.
The viewing and use of this Website is solely restricted to an adult audience. By your continued access and use, you confirm (a) that you are at least eighteen (18) years old; (b) that you are of legal age within your jurisdiction of residence to view and purchase adult materials; and (c) that the laws of your jurisdiction of residence permit the viewing and purchase of such materials.
BY USING THE WEBSITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, ARE NOT OF LEGAL AGE TO VIEW SEXUALLY EXPLICIT MATERIALS IN YOUR JURISDICTION, OR THE PURCHASE OF SUCH MATERIALS IS PROHIBITED IN YOUR JURISDICTION, YOU MUST LEAVE IMMEDIATELY.
All information and materials on the Website (collectively, the “Online Materials”) provided for general information purposes only. We do not guarantee, nor should you rely on, the information or materials as being timely, current, accurate, or complete.
Notwithstanding, nothing in the Online Materials shall be construed as a solicitation or offer by or to anyone in any jurisdiction in which a solicitation or offer cannot legally be made.
Your Account and Account Use
The Website gives you the option to create an account identifying you as a user of the Website (an “Account”). YYou are responsible for maintaining the confidentiality of your Account, as well as for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Account.
Reviews, Comments, Communications, and Other Content
Visitors to the Website may (i) post reviews, comments, and other content; and (ii) submit suggestions, ideas, comments, questions, or other information to us (collectively, “Posted Content”). You must not submit Posted Content that:
- (a) is illegal, obscene, threatening, defamatory, or invasive of privacy;
- (b) infringes intellectual property rights;
- (c) contains unauthorized or unsolicited commercial communications, junk, or bulk communications or other “spam”;
- (d) contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive, or surreptitious component; or
- (e) impersonates any person or entity, misleads as to the origin of the content, or utilizes a false e-mail address.
We have the right but not the obligation to monitor and edit or remove any activity or Posted Content. We take no responsibility and assume no liability for your Posted Content or any third party.
If you do submit Posted Content, and unless we indicate otherwise, you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Posted Content throughout the world in any media.
Termination of Accounts
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of this Agreement. We will have no responsibility to notify any third party, including any third party providers of services, merchandise, or information, of any suspension, restriction, or termination of your access to the Website.
Indemnification of Us
You expressly agree to indemnify and save us harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from your Posted Content, including instances where your Posted Content (a) infringes any third party content, or other third-party intellectual property rights, or (b) is inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
By using the Website or e-mailing us, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Ownership of Online Materials
All of the Online Materials are intellectual property belonging to us and our licensors. We reserve all rights to the Online Materials. We provide the Online Materials solely for your viewing purposes and to facilitate your personal access to our subscription services. All other uses (including copying, re-publication or commercial uses) are strictly prohibited.
Online Materials Provided “As Is”
The Website is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or services included on or otherwise made available to you through this site. You expressly acknowledge and agree that your use of the Website is at your own risk.
Security of Information
The Online Materials depend on the Internet, including networks, cabling, equipment, and facilities that are not in our control. Accordingly, data, messages, information, or materials sent over the Internet, including by links, e-mail addresses, or forms available as part of the Online Materials, may not be completely private, and your anonymity is not guaranteed.
The Online Materials may be temporarily unavailable from time to time as a result of maintenance, internet disruptions, or other reasons. We make no conditions, warranties, or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness, or accuracy of the website or any other products supplied under this Agreement. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction of the Online Materials, and also for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any website (including the those in the Online Materials), or combination thereof.
Disclaimer of Warranties
YOU ACKNOWLEDGE BY YOUR USE OF THE WEBSITE THAT YOUR USE OF THE SUBSCRIPTIONS AND/OR PRODUCTS (AS DEFINED UNDER “TERMS OF SALE” BELOW), AND ANY RELIANCE UPON THEM, IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY THEREFOR. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU AND WILL, INSTEAD, ONLY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Limits of Liability
We do not warrant that the Website or Online Materials included on or otherwise made available to you through the Website, its servers, or e-mail sent from us are free of viruses or other harmful components.
We will not be liable for any damages of any kind arising from the use of the Website or from the Online Materials made available to you through the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods, or any adopting legislation with respect thereto, with respect to this Agreement.
Purchase of Subscriptions
Prior to purchasing a Subscription, you will be directed to a confirmation page which contains specific details of the Subscription you have chosen to purchase (the “Subscription Details”), and when you pay for a Subscription, we will electronically issue a receipt for such purchase (the “Subscription Receipt”). Upon confirming your Subscription, your payment method will be charged therefor. Each of the Subscription Details and the Subscription Receipt are incorporated herein by reference and form integral parts hereof.
Pricing of Subscriptions
Excluding any Posted Content which may be submitted by you or other Website users from time to time, we strive to ensure that the information on the Website is complete and reliable. Certain information may contain pricing errors, typographical errors, and other errors or inaccuracies which we may correct without liability.
Subscriptions will be charged in Canadian dollars. Advertised prices do not include Canadian sales taxes, which will be added to your Subscription total if applicable.
Redemption of Subscriptions
All products to be delivered as part of Subscriptions (the “Products”) will be shipped at the indicated time set out in the Subscription Details. Once the Products have shipped in accordance with the Subscription Details, your Subscription is over unless your Subscription auto-renews.
Cancellation of Subscriptions
If you have subscribed for a multi-month Subscription, you may cancel that Subscription at any time after the first month, but the cancellation will only apply to calendar months that have not yet commenced at the time of cancellation. For greater clarity, in such cancellation, you will receive a limited refund based on the number of months so cancelled.
Auto-Renewal of Subscriptions
Certain Subscriptions, as indicated on the Subscription Details, will automatically renew once they are complete. At any time before the indicated auto-renewal date, you may cancel the renewal (or, as set out above, your Subscription). If your auto-renewal date passes, however, and you have not cancelled the renewal of your Subscription, a new Subscription will start (with the same details as the Subscription Details) in the subsequent month. For greater clarity, you would still be entitled to cancel a multi-month renewal Subscription after the first month of the renewal Subscription as set out above.
THE LAWS OF YOUR JURISDICTION MAY GIVE YOU CANCELLATION RIGHTS IN RESPECT OF AUTOMATICALLY RENEWING CONTRACTS AND, IN SUCH CASE, THIS PROVISION WILL INSTEAD ONLY APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Risk of Loss
When we deliver the Products to the carrier, the risk of loss and title for Products passes to you.
Shipment of Goods
All goods will be delivered for shipment to Canada Post, UPS, or another suitable carrier.
International Shipments: Taxes, Duties, Customs, etc.
All goods will be delivered from British Columbia, Canada. For international or transborder customers, please note that you may need to pay additional import fees, taxes, brokerage fees, and handling fees to receive your order—these additional fees are not collected or controlled by us. Also, you might be contacted by your local customs office concerning payment of customs fees, or to receive final delivery of your order. Customs processing of your shipment might cause delays in the delivery of your Products. Please make sure you are familiar with your country's customs process and fee structure before you order.
Refunds, Returns, and Exchanges
Due to the nature of the Products contained in the Subscription, we will not provide refunds. No refunds or exchanges for Products will be made or accepted.
Terms and Conditions of Subscriptions
Notwithstanding anything else set out herein,
- (a) there is no limit to how frequently Subscriptions may purchased, though we reserve the right to limit quantities purchased by Members,
- (b) we are not responsible for lost or stolen Products or Subscription Receipts, nor are we required to replace such,
- (c) you are responsible for ensuring that your shipping address and contact information is accurate,
- (d) subscriptions are for personal use only and may not be sold or traded, and
- (e) the breach or attempted circumvention of any provisions of this Agreement will render the Subscription void to the extent permitted by applicable law.
We reserve the right to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on the Website will be available.
We reserve the right to amend this Agreement at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will ensure that the latest, fully-amended version of this Agreement is published on the Website. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If you continue to use the Website after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of this Agreement.
By visiting and using the Website, you agree that the laws of the Province of British Columbia and the laws of Canada applicable therein, without reference to conflict of laws principles, will govern this Agreement. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. Each party hereby irrevocably attorns to the exclusive jurisdiction of the courts in the City of Vancouver, British Columbia, Canada with respect to the resolution of any disputes hereunder.
Headings in this Agreement are used for convenience only and are not to be used as an interpretation guide for this Agreement. You acknowledge that your use of the Online Materials as permitted hereby is good and sufficient consideration for the rights, covenants, disclaimers and premises set out herein.
Assignment and Inurement
We may at any time assign our rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement without our prior, written consent. This Agreement will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
If any condition forming part of the Agreement is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
0944355 B.C. Ltd. dba Luvmybox Media Co. (LuvMyBox.com)
Suite 2360 – 555 West Hastings Street
Vancouver, BC, V6B 4N5