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TERMS OF USE

Welcome to LuvlyHomes.com.ng.! LuvlyHomes is an online platform dedicated to home renovation and design. We bring together homeowners, home professionals, sellers of home goods, and design enthusiasts. Through LuvlyHomes, people can find design ideas, advice, products and services related to home renovation and design.

These Terms of Use (the “Terms” or the “Agreement”) set forth the binding legal agreement between you and LuvlyHomes Inc. The Agreement governs your use of www.LuvlyHomes.com.ng and all of the related websites,products and services offered by LuvlyHomes.
We refer to the e-commerce marketplace on the LuvlyHomes Platform as the “Site-Shop or LuvlyHomes Shop.” If you visit or make a purchase or sale through the LuvlyHomes Shop through www.LuvlyHomes.com.ng, then this Agreement is also between you and LuvlyHomes Shop. LuvlyHomes Inc. and, as applicable, LuvlyHomes Shop, are collectively referred to as “LuvlyHomes,” “we,” or “us” in this Agreement.

These Terms provide important information to you, including your agreement to grant rights to your content, our limitation of liability to you, your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action (described in Section 8 below) and, if you choose to provide us with your phone number, your agreement to receive calls and text messages from us in accordance with applicable law. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any type of representative actions.

We encourage you to review this Agreement carefully. Any use of the LuvlyHomes Platform, including browsing www.LuvlyHomes.com.ng, shall be governed by the Agreement. If you do not agree to any of the Terms, you should stop using the LuvlyHomes Platform.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Using the LuvlyHomes Platform.
a. Who can use it. You must be at least the age of majority in the state where you live to use the LuvlyHomes Platform. Use of the LuvlyHomes Platform by anyone under 13 years of age is strictly prohibited! You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.

b. Registration. Access to certain functionalities of the LuvlyHomes Platform will require you to register with us and to create a profile on our Platform. If you register with LuvlyHomes, you agree to provide us accurate information and update it as needed for accuracy. You also may have the option to register for an account by linking your Facebook or Google account.

c. Profile for Professionals. If you are a professional services provider, you may set up a Professional Profile. If you do, you give us the right to list your Professional Profile in our directory of service providers, and you will be able to connect with others on the LuvlyHomes Platform while identified by your professional profile.

d. Acceptable Use Policy. When using the LuvlyHomes Platform, you agree to abide by common standards of etiquette and act in accordance with the law.

e. Prohibited Products Policy. If you are a professional, a vendor, or a seller, who is authorized to offer products through the LuvlyHomes Shop, you agree to abide by these Terms of Use.

f. Feedback. We welcome your feedback and suggestions about how to improve the LuvlyHomes Platform. Feel free to submit feedback at https://LuvlyHomes.com.ng. By submitting feedback in this or in any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

g. Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

h. Modifications to The Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

i. Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

j. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

k. Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

l. Errors, Inaccuracies And Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

2. Your Content.
a. Definition of Your Content. The LuvlyHomes Platform enables you to post materials, including without limitation photos, profile pictures, messages, and commentary. You may also post reviews of third-party service providers, third-party products, or third-party services (“Reviews”). All materials that you post on the LuvlyHomes Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the LuvlyHomes Platform, Your Content may be viewed by the general public and will not be treated as private or confidential.

b. License and Permission to Use Your Content. You hereby grant to us and our affiliates, licenses and sub licenses, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sub licensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by the applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.

c. Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this agreement. Further, with respect to Your Content in the form of photos, and subject to LuvlyHomes product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sub license to third parties’ individual photos or collections of photos, except in each case for LuvlyHomes Business Purposes. “LuvlyHomes Business Purposes” means any use in connection with a LuvlyHomes-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the LuvlyHomes Platform, the services or the information it contains, LuvlyHomes, or its affiliates. LuvlyHomes Business Purpose specifically includes the use of Your Content on the LuvlyHomes Platform in connection with features and functions offered by LuvlyHomes to our users that enable them to view and interact with Your Content (such as Sketch, View in My Room and the embed tool).

3.  Our Content and Materials.
a. Definition of Our Content and Materials. All intellectual property in or related to the LuvlyHomes Platform (specifically including, but not limited to, our software, the LuvlyHomes marks, the LuvlyHomes logo, and LuvlyHomes buttons, badges, and widgets, but excluding Your Content), is the property of LuvlyHomes Inc., its subsidiaries and affiliates or its licensors (“Our Content and Materials”).

b. Our License to You. Subject to these terms of use, including the restrictions below, we grant you a limited, non-exclusive license to use and access Our Content and Materials in connection with your use of the LuvlyHomes Platform. Except as expressly agreed to otherwise by us (such as your eligibility for the creation of a Professional Profile or your entering into a vendor, seller, advertiser, Site Designer, or other agreement with us), your use of the LuvlyHomes Platform must be limited to personal, non-commercial use. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

c. No Endorsement or Verification. Please note that the LuvlyHomes Platform enables access to third-party content, products and services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). For example, LuvlyHomes does not conduct background checks or otherwise vet the professionals listed on the LuvlyHomes Platform. Participation or availability on the LuvlyHomes Platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the LuvlyHomes Platform by anyone.

d. Restrictions. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. LuvlyHomes’s permission to you for your use of the LuvlyHomes Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the LuvlyHomes Platform. You may view and print a reasonable number of copies of web pages located on the LuvlyHomes Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to LuvlyHomes.

e. Ownership. You acknowledge and agree that the LuvlyHomes Platform and LuvlyHomes marks will remain the property of LuvlyHomes. The content, information and services made available on the LuvlyHomes Platform are protected by international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the LuvlyHomes Platform.

4. Disclaimers and Limitations of Liability.

Please read this section carefully since it limits the liability of LuvlyHomes entities to you. The “LuvlyHomes entities” means LuvlyHomes inc., LuvlyHomes shop llc, and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them. Each provision below applies to the maximum extent permitted under applicable law:
A. We are providing you the LuvlyHomes platform, services, information, products, product descriptions, and third-party content on an “as is” and “as available” basis, without warranty of any kind, express or implied. Without limiting the foregoing, the LuvlyHomes entities expressly disclaim any and all warranties and conditions of merchantability, title, accuracy and completeness, uninterrupted or error-free service, fitness for a particular purpose, quiet enjoyment, and non-infringement, and any warranties arising out of course of dealing or trade usage.
B. The LuvlyHomes entities make no promises with respect to, and expressly disclaim all liability, to the maximum extent permitted by law, for: (i) content posted by any third-party on the LuvlyHomes platform, (ii) the product descriptions or products, (iii) third-party sites and any third-party product or service listed on or accessible to you through the site, (iv) plants or seeds from the exchanges, and (v) the quality or conduct of any third-party you encounter in connection with your use of the site.
C. You agree that under the maximum extent permitted by law, the LuvlyHomes entities will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that the LuvlyHomes entities specifically will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if the LuvlyHomes entities have been advised of the possibility of such damages or such damages are foreseeable) arising out of and in any way connected with your use of, or inability to use, the LuvlyHomes platform or products. Your use of the LuvlyHomes platform, products, information, or services is at your sole risk.

5. Dispute Resolution.
If you have a dispute with LuvlyHomes, you agree to contact us through LuvlyHomes.com.ng to attempt to resolve the issue informally first. If we are not able to resolve the dispute informally, then this section will govern any legal dispute that relates to the LuvlyHomes Platform or involves our services.

a. Binding Arbitration. You and LuvlyHomes agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the LuvlyHomes Platform (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and LuvlyHomes both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against LuvlyHomes in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.

b. Class Action Waiver. You and LuvlyHomes agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and LuvlyHomes both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and LuvlyHomes agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.

6. Communications.
You are not required to agree to receive promotional text messages, calls or pre-recorded messages as a condition of using the LuvlyHomes Platform. By electing to submit your phone number to us and agreeing to these Terms, you agree to receive communications from the LuvlyHomes Entities, including via text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialing systems. These communications include, for example, operational communications concerning your account or use of the LuvlyHomes Platform, updates concerning new and existing features on the LuvlyHomes Platform, communications concerning promotions run by us or third parties, and news relating to the LuvlyHomes Platform and industry developments. Standard text message charges applied by your telephone carrier may apply to text messages we send.

If you wish to stop receiving promotional emails or promotional text messages, we provide the following methods for you to opt-out or unsubscribe: (a) follow the instructions we provide in the email or initial text message for that category of promotional emails or text messages or (b) if you have an account on the LuvlyHomes Platform, you may opt-out or unsubscribe using your settings.

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