- Right to Use
Your use of the Site and any services offered thereon is subject to the limitations, conditions, and restrictions established by us from time to time, in our sole discretion.
By visiting and/or using the Site, you agree that you:
- Are of the age of legal consent in your State or jurisdiction;
- Will not use the Site for any illegal or unauthorized purpose, including, without limitation, any attempt to collect personally identifying information, including account names, numbers, email addresses, banking information, or other such personal customer or user data, for commercial purposes or otherwise;
- Are the owner of all of the information you provide to us and/or will submit accurate information to the best of your knowledge, and you have the necessary permissions or consents to use and authorize LIVELY to collect, use, or display any and all content submitted by you to the site, as may be appropriate;
- Are solely responsible for content you provide to the Site, including without limitation, your name, email address, physical address and other such information;
- Will not use the Site or any services or information offered therein to spread malicious content, viruses, or to defame, harass or malign anyone or any entity; and
- Availability of Site and Services
Though we strive to bring you a seamless experience, LIVELY does not have control over the Internet and its connectivity, and that sometimes means that interruptions may occur. While we take every reasonable action to make sure that the Site remains fully functional and up to date, there may come a time where the Site or its services are unavailable, for any reason or no reason, including for routine maintenance. There may or may not be any prior notice of such unavailability or scheduled maintenance. Due to circumstances either in our control or not in our control, access to the Site and its services may be interrupted, suspended, or terminated. We retain the right, in our sole discretion, to deny access to part or all of the Site to anyone, at any time and for any reason.
- Intellectual Property
You acknowledge that Intimates Online owns all of the content that appears on the Site, including all graphics, text, audio and video, subject to copyright protections and/or other intellectual property rights or licenses held by us. This includes all right title and interest in any works of authorship, designations, designs, know-how, ideas, information made or conceived, including any patent rights, whether or not patentable. We also own certain rights in and to our product designs and advertising materials, and their reproductions, further versions, revisions, and/or derivative works (all of the preceding collectively, “Intellectual Property”). We grant to you a limited license to access and make personal, non-commercial use of the Intellectual Property on this website. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Intimates Online, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without our prior written consent, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
- Limitations on License
You are not permitted to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not so intended to be read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Intellectual Property) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
- Terms of Subscription
- Electronic Communications
LIVELY and its services are available to you over the Internet, and we may communicate with you or provide you with important information by electronic mail or other electronic form using the contact information you have provided to us, as well as postal mail and via general site notifications. You hereby consent to receiving such notifications in electronic form, and agree that all terms, conditions, agreements, notices, disclosures and other communications provided to you by electronic means satisfy any legal requirement that such communications would satisfy if they were in hard copy. You may always opt out of our communications with you by choosing to unsubscribe or by cessation of use of the Site.
- Availability of Product and Customer Satisfaction
LIVELY provides quality, beautiful products that are affordable to our customers. We will use our best efforts to accurately represent all of our products that are available for purchase. However, as a natural consequence of photo angling, lighting or product popularity, variations in color, size, shape and look may occur, and certain styles may not be available until further notice. If you are not satisfied your purchase, please review our Returns & Exchanges section for additional information.
- User Feedback
LIVELY is a novel and growing company, and part of providing the best service to our customers includes receiving, responding to, and/or implementing user feedback. We welcome your comments, feedback, suggestions, ideas, and other submissions (collectively, “Feedback”); however, any Feedback disclosed, submitted or offered to us on or by this Site shall be and remain the property of Intimates Online. You agree to assign any and all property rights and interests to Intimates Online and agree to allow our company unlimited use, commercial or otherwise, of any Feedback. Please note, there is no expectation of privacy in any Feedback submitted to us, and we shall be under no obligation (1) to maintain any comments in confidence; (2) to compensate you or any user for any Feedback, whether or not implemented; or (3) to respond to any of your Feedback. Without limiting any of the foregoing, in the enforcement of this policy, we will maintain the standard levels of data privacy protection as required by any applicable laws.
Additionally, Intimates Online shall have no liability to you or any other user in connection with any content submitted to, transmitted via, displayed or posted on this Site, regardless of whether provided by you or any other party. If you believe that information about you has been incorrectly submitted or submitted without your authorization, please contact us at [email protected].
- Third Party Links
LIVELY is all about its community, and sometimes that may mean we will include or promote our trusted partners and their services through our Site; those services are provided by outside third parties. We will disclose any benefit that we receive from your patronage of such outside third parties. LIVELY does not have any control over the other websites or services that we may link to, their security, or any of the networks that you use to access those third-party providers. LIVELY is not, and cannot, be responsible for the content, privacy practices, or usage policies of such websites or the companies that own them. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties or any problems in their services. Links to third-party content located on our Site are provided only for your education and convenience and you access them at your own risk. You expressly relieve us of any and all liability arising from your use of or communication with any third party that you may encounter as a result of the Site or any of our services.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE. WE DO NOT MAKE ANY WARRANTY OR GUARANTY FOR PRODUCTS OF ANY THIRD PARTY.
- DISCLAIMER OF WARRANTIES AND NO GUARANTEE
ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIVELY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY INTIMATES ONLINE OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, LIVELY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.
- INDEMNITY AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTIMATES ONLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, REGARDLESS OF THE CAUSE OF THE INTERRUPTION OR CESSATION; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS SITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Jurisdiction/Disputes/Choice of Law
This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of New York, without regard to its conflict of law provisions. You hereby submit to the personal jurisdiction of the state and federal courts of the State of New York for resolution of all disputes. You hereby agree that the exclusive venue for any litigation under this Agreement shall be with any federal, state, or county court located in New York County, New York. In the event of a dispute between you and LIVELY, each party shall be liable for their own attorneys’ fees, expenses, and costs both at trial and appellate levels.
- Modification and Termination
- Affirmation of Agreement
Thank you for reading this Agreement thoroughly and carefully. You hereby acknowledge and affirm that you have read and agree to be bound by all of the Terms herein.
- The Types of Information We Collect
“Personal Information” is information that can be used to identify, locate, or contact an individual. It also includes other data that may be associated with Personal Information. When you sign up for our mailing lists or make purchases through our Site, we may collect the following types of Personal Information:
- “Personally Identifying Information,” such as:
- Contact information that allows us to communicate with you, such as your name, email address(es), telephone numbers, or other addresses at which you receive communications from, on behalf of or through LIVELY.
- “Non-Identifying Information,” such as:
- Information that helps us to understand who you are and what types of offers you might like. This includes location information related to your state/province, city, or neighborhood; items of interest, the types of third-party services you use, and targeted recommendations; and demographic information (e.g., birth date, age). All of this information will be aggregated for data analysis and separated from any of your Identifying Information.
- Transaction information about how you interact with our Site, such as the pages or items sections you view, how long and when you view them, the type of browser that you view them from, and how you interact with the Site generally.
These are only examples of information that we may collect, not an exhaustive list.
- How We Use the Information About You
The information that you provide to us helps us create a better experience for you and our LIVELY community. We collect Personal Information in order to customize your shopping experience, and, in some cases, to verify your identity. Additionally, we may use your Personal Information, without limitation, in the following ways:
- To provide user support and communicate with you;
- To deliver important administrative messages to you;
- To detect or protect against any errors or fraudulent activity, as may be required by law;
- To operate and improve our Services;
- To recommend certain products or offers that may be of interest to you; OR
We will never display or sell your Personally Identifying Information to any third parties, subject to Section 12 below.
In order to provide certain site functions through LIVELY, such as connectivity to your payment provider of choice, we may use third-party agents to process, route or store your information, or to communicate with you. These third-party agents will act on your behalf in order to access and transmit your personal financial information when making purchases through our Site.
LIVELY may collect, in the aggregate, Non-Identifying Information that we may provide to certain third-party companies as part of market research. We will never share any Personally Identifying Information as part of that data, nor will we share it with any other users, companies, or advertisers. All aggregate data provided to these third-party companies will contain only gender information, age ranges, and the collective activity data of those groups.
We reserve the right to disclose any Personal Information to law enforcement or government officials or other third parties in the case where we:
- Must respond to any legal process or subpoenas;
- Must respond to any claim of infringement of intellectual property rights;
- Where we feel we must do so to protect the safety of our Site, our users, or the general public; OR
- Wherever we are otherwise required to do so by law.
- Use of Your Email Address
Please note that we will never ask for any Personally Identifying Information by email. You should immediately report any emails you may receive that ask for any Personal Information, whether or not it is Personally Identifying Information, and appear as though they are coming from or promote LIVELY.
- Information You Provide to Third Parties
- COPPA Policy for Children Under Thirteen
LIVELY fully complies with the Children’s Online Privacy Protection Act, and does not intentionally direct any services at children under thirteen (13). Since we do not at this time monitor Site visitors or require any user to give us his or her specific age, it may be possible that children under 13 may access and use the Site without our knowledge. However, if we determine that any user is under the age of 13, we will immediately suspend that user’s account or, if possible, access to the Site, and it shall be that user’s responsibility to provide proof of age to continue use of the Service. If you believe that we have inadvertently collected information of a child under the age of 13, please contact us immediately at [email protected] so that we can remove and/or destroy the information.
- Cookies and Related Technologies
To provide a smooth and easy experience when you use our Site, we may use technologies such as cookies, pixel tags, server logs, and other similar technologies to automatically collect and store information. As you use our Site and the services therein, your devices communicate with servers operated by us and by our service providers to coordinate the interactivity and fulfill your requests for services and information.
For example, when you make purchases on our Site, we may place cookies on your device. Cookies allow us to recognize when you return so that we can customize and create a more pleasant user experience for you, and make it easier to check out for your following purchases.
Most of the time, the information we collect using cookies and other tools only provides us with Non-Identifying Information. It often helps us understand what our users are accessing most often and to provide better services or make better offerings. You may always choose not to allow cookies through your device settings, but please note that some of our Site offerings may then no longer work for you.
- Account Preferences
You can choose how much information to share with us, but please do note, there may be a minimum amount of information required to obtain an account or to make purchases with LIVELY, and by limiting how much information you provide may limit the functionality of our services for your purposes.
You can manage your notification preferences by logging into your account and changing those preferences. You can also unsubscribe from any mailings by clicking the “unsubscribe” link at the bottom of emails you receive.
- Control Over Your Personal Information
If you want to close your account or have other questions or requests, please contact us at [email protected]. While we can assist you in many ways, we may not always be able to delete records of past interactions and transactions as required by applicable law. We will retain your information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for your order history. Once your account has been deleted, we may no longer retain any of your personal information unless required by applicable law. Such personal information may be removed or destroyed from our servers where possible, and it will never be sold or distributed without your permission.
LIVELY protects your information by taking reasonable steps to secure it against unauthorized access. We do this through both physical administration by our staff members and electronic measures. However, no security system or method is guaranteed to be safe from hackers or human error. We will immediately contact you if we find any breaches in our security methods.
- Notice to International Users
LIVELY operates in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to our affiliates and service providers elsewhere in the world. By providing us with Personal Information, you consent to this transfer. We will protect the privacy and security of Personal Information according to our Privacy Statement, regardless of where it is processed or stored.
- Changes in Ownership
- California Residents
California Civil Code Section 1798.83 permits LIVELY users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at [email protected].
- Modifications and Contact
LIVELY Ambassador Program
By submitting your email address on the LIVELY Ambassador page, entrants agree they are over the age of 18, accept LIVELY email marketing and agree with LIVELY’S Terms and Conditions.
As a LIVELY Ambassador, individual grants permission for their content to be used in LIVELY marketing materials including but not limited to social media, blog, email, and ads.
SOCIAL MEDIA AND WEB POSTING POLICY + LIVELY Ambassador FTC Guidelines
Thank you for your engagement with Intimates Online, Inc. d/b/a LIVELY (“LIVELY” or “us” or the “Brand”). In connection with your endorsing (as defined below) the Brand in any written publication (whether in print, blog or any social media account), you must abide by the following guidelines. If you do not agree to abide by these guidelines, you must either (a) immediately return any compensation, gift or other item of value provided to you by LIVELY, (b) remove the content you created from circulation, or (c) take both of the aforementioned actions.
For your reference, and for purposes of these guidelines, an “endorsement” by you is a statement or message that people are likely to believe reflects your opinions, beliefs, findings, or experiences, even if the views expressed by you are identical to those of the sponsoring advertiser. This generally means a post on social media, whether you write text, post video, post photos, or a mixture of all media.
Disclose your relationship on EVERY post. If you are provided anything of value to make an endorsement (including free products!) you must, at the least, disclose that the post is sponsored or paid. You can do this via a hashtag, like “#ad,” or you can use more native language, like, “I’ve partnered with LIVELY...” or “LIVELY sent me these beautiful new bras to try...” Wherever you endorse our products or services, you MUST disclose your relationship with the Brand, no matter what platform you use it (e.g., Twitter, Facebook, Vine, Pinterest, etc.).
Make the Disclosure Plain, Proximate, and Prominent. This disclosure must be “clear and conspicuous,” meaning it must be in plain language, as close as possible to the endorsement, and easy to find or read (e.g., in a regular-sized font, ideally in a different color from the other statements in your post).
Make the Disclosure Early. Wherever possible, the disclosure should appear at the beginning of, or before, the endorsement. If the full disclosure cannot appear at the top of the post or article, provide a brief disclosure at the top and provide additional details relevant to the disclosure at the bottom of the post or article. So, if you are writing a blog post, your first few sentences should read something like: “ LIVELY was kind enough to provide me with [product] to... ” If on Twitter or Instagram, try to put your hashtags towards the beginning so people won’t miss them or they won’t be hidden.
Make the Disclosure Often . You cannot have your disclosure located in just one post or on a general disclosure page applicable to all content initiated on your account, website or periodical. It must appear in each and every endorsement, even if this means repeating the same disclosure multiple times. If on a blog or video, best practice is to disclose in the beginning, middle, and end.
If the Disclosure Doesn’t Fit, Try Again. If a particular social media platform (e.g., Twitter) does not provide the space for a full disclosure statement with every endorsement, please abide by the following guidelines:
LIVELY Social Media and Web Posting Policy
Use “#AD” to disclose before any tweeted endorsement. Make sure that the hashtag comes before any links in your tweet, so a consumer does not have the chance to skip over the disclosure.
Hyperlinks don’t cut it – so a Tweet where you write, “LIVELY is the most awesome company in the whole world! They make the best [product]!” where the word “best” is a link to your disclaimer, that is NOT acceptable.
If there is a LOT of additional information relevant to your disclosure (e.g., specific customer payment plans or terms of service that the Brand requires you to include) you may provide that in a hyperlink, but that hyperlink must also be plain, proximate and prominent .
Any hyperlink should a dequately convey the nature and importance of the information in question, i.e. it should be labeled “Important Health Safety Information” rather than “For more information, click here.”
Match the Medium. If your post is made up of text, the disclosure should be in text. If your post is a video with sound, the disclosure should be spoken or audible.
Be Honest. Any statement you make should be truthful, regardless of whether it is your own opinion or a characteristic of the product or brand. So, you may absolutely say “ LIVELY’s Bralette is so comfortable! #ad ” if you believe that it is comfortable, but if you don’t, say something else.
You should never make claims that aren’t true, even if they are not opinions – DO NOT dare say something like “ LIVELY’s bras prevent breast cancer! #ad ”.
Also, be yourself in your posts – don’t impersonate anyone or anything else.
BUT - You Might be the Exception, Not the Rule. If you feel a product actually has provided some benefit, like relief from back pain, for example, do not post that kind of claim without clearing your language with us first. Even though your claim might be true, it might not be for other people.
When in Doubt, Check in With Us. Please contact us if you have any questions regarding specific disclosure language. Our legal team can help with the really tricky stuff.
For additional support, look to the FTC Guides:
If you have any questions about the modifications or any part of this policy, please email us at [email protected].