Terms of Use

Luvly.co, part of Jansen Webconcepts

1. Terms

These Terms of Use (‘Terms’) and all policies (such as the Copyright notification - http://luvly.co/pages/32/Copyright) posted on our website set out the terms on which Luvly offers you the use of and access to the website, services, applications and tools (collectively "Services"). By accessing and/or using this website (‘Website’) you are agreeing to be bound by the Terms and you guarantee that you shall abide by the Terms.

Luvly may change the Terms at any given moment, without any notification. By accessing and/or using this website you are agreeing to be bound by the new Terms.

2. Use of the Services

Luvly is a marketplace that allows users to offer, sell and buy (mostly) graphical works. This is the intended purpose of the Services and you may use the Services accordingly and in good faith.

With Luvly being merely a marketplace, Luvly does not own or sell the items listed on its Services, so the actual contract for selling and buying is directly between the sellers and buyers. Luvly is not a traditional auctioneer and does not inspect, control, verify or review any items listed on its Services, nor does it verify or guarantee the existence, quality, truth, safety, legality or fitness for purpose of any items listed on its Services. In addition, Luvly does not check, verify or guarantee buyers ability to pay for items, or that a buyer or seller will actually complete a transaction or return an item.

3. Listing, buying and Intellectual Property

When listing an item, you agree that you are authorized to post the item/listing on the Services, that you are solely responsible for the legality, accuracy, information and content of that item, and that you are entering into a legally binding contract with the buyer (without Luvly being any party to that contract). You grant Luvly the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to publish and duplicate your listings and items on the Services, and affiliated websites of Luvly, without any further limitation. The listing of any items does not constitute any transfer of rights. You guarantee Luvly (a) that the items you list do not infringe upon any intellectual property rights (such as, but not limited to trademarks (including domainnames), tradenames, copyrights)_of any third parties (b) that those items are not in any way unlawful towards any third parties and (c) that the item you list are in accordance with applicable law and regulations, are not defamatory, racist, etc. (d) that you shall provide any buyers of your items with those items as soon as possible, in due time. You hereby indemnify, defend and hold Luvly harmless from any third parties claims arising from your listing and/or your items. In case of any claims – whether rightful or not – you shall reimburse Luvly for any damages suffered as a result of such claims, including, but not limited to the actual made yet reasonable legal costs by Luvly (both in and out of court).

When buying an item, you agree that you are solely responsible for reading and understanding the full item listing (including the applicable License details for the use of the item by you) before buying, and that you are entering into a legally binding contract with the seller (without Luvly being any party to that contract). You guarantee Luvly that you fulfil your obligations to the seller and you indemnify, defend and hold harmless Luvly from any third parties (such as the seller) claims – whether rightful or not – for not doing so and you shall reimburse Luvly for any damages suffered as a result of such claims, including, but not limited to the actual made yet reasonable legal costs by Luvly (both in and out of court). 

4. Disclaimer

Luvly tries to keep its Services functioning properly and secure, but we cannot guarantee the continuous operation of or access to our Services. You agree that the use of the Services by you is at your own risk, and that the Services are being provided to you ‘as is’ and ‘as available’. Accordingly, to the extent permitted by applicable law, Luvly excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Furthermore, to the extent permitted by applicable law, Luvly (including its parent, subsidiaries, affiliates, officers, directors, agents and employees) is not liable, and you agree not to hold Luvly responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from (a) your use of or your inability to use the Services (b) delays or disruptions in the Services (c) viruses or other malicious software obtained by accessing, or linking to, the Services (d) glitches, bugs, errors, or inaccuracies of any kind in the Services.

5. General

Luvly is allowed to use all paid items submitted to the Services in promotional contests and giveaways with permission granted by the sellers.Any claim relating to Luvly's web site shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.

Luvly has the right to remove listings, items, sellers, buyers or users from the Services when not (acting) in accordance with these Terms, applicable law or not in good faith. If so, Luvly is not under the obligation to pay any existing debts.

If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall not apply, be struck out and shall not affect the validity and enforceability of the remaining provisions of the Terms.

These Terms, and all policies set forth on the Website consitute the entire understanding and agreement between you and Luvly and supersede all prior understandings and agreements.

Any general terms and conditions of you (whether user, buyer or seller) do not apply.

Your use of the Services and these Terms are solely governed by Dutch law, unless otherwise stipulated by mandatory law. Any and all disputes arising out of your using the Services and/or in connection with the Services are solely submitted to the Court of Amsterdam (The Netherlands), unless otherwise stipulated by mandatory law.