Terms of Use - Loungefny
These Terms of Use (“Terms”) govern your access to and use of
Loungefny.com (“Website”), including all content, features, and services offered through the Website (such as browsing products, creating an account, placing orders for officially licensed pop culture backpacks, wallets, apparel, and accessories). By accessing or using the Website, you (“User” or “You”) agree to be bound by these Terms, as well as our Privacy Policy, Shipping Policy, Refund Policy, and Terms of Purchase (all available on the Website). If you do not agree to these Terms, you may not access or use the Website.
1. Eligibility to Use the Website
- You must be at least 13 years old to access or use the Website. If you are between 13 and 17 years old, you may use the Website only with the supervision and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.
- By using the Website, you confirm that you have the legal capacity to enter into these Terms (or that your parent/guardian has such capacity and consents to these Terms).
- Loungefny reserves the right to restrict or deny access to the Website to any User who violates these Terms or engages in fraudulent, unlawful, or harmful activity.
2. Account Creation & Management
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Account Registration: To place orders, save favorite products, or access personalized features, you may need to create a user account. When creating an account, you must provide accurate, complete, and up-to-date information (including your name, email address, and password).
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Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities conducted under your account. Immediately notify Loungefny at [email protected] if you suspect unauthorized access to your account. Loungefny shall not be liable for any loss or damage resulting from your failure to protect your account credentials.
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Account Termination: You may delete your account at any time by contacting our customer service team. Loungefny may also terminate or suspend your account without prior notice if you violate these Terms (e.g., fraudulent ordering, misuse of account information). Upon termination, you will no longer have access to account-specific features, but any existing orders will be governed by our Terms of Purchase.
3. Permitted Uses of the Website
You may use the Website only for lawful purposes and in accordance with these Terms. Permitted uses include:
- Browsing the Website to view product information, descriptions, and images.
- Creating an account to manage orders, save favorite products, and track shipping (as outlined in our Shipping Policy).
- Placing orders for products in compliance with our Terms of Purchase (including payment of applicable prices in USD and adherence to order limits).
- Contacting customer service for assistance with orders, returns, or product questions (via [email protected]).
4. Prohibited Uses of the Website
You may not use the Website for any unlawful, fraudulent, or harmful purpose. Prohibited activities include, but are not limited to:
- Accessing or attempting to access restricted areas of the Website (e.g., administrative portals) without authorization.
- Using automated tools (e.g., bots, scrapers, crawlers) to collect, extract, or copy content from the Website (including product details, images, or user data) without prior written permission from Loungefny.
- Uploading, transmitting, or distributing malware, viruses, or other harmful software that could damage the Website or other Users’ devices.
- Making false or misleading claims (e.g., creating fake accounts, submitting fraudulent orders, impersonating another person).
- Violating intellectual property rights (e.g., reproducing, modifying, or distributing the Website’s content, product designs, or officially licensed pop culture imagery without authorization).
- Interfering with the Website’s functionality (e.g., overloading servers, disrupting navigation, or bypassing security measures).
5. Intellectual Property Rights
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Loungefny’s Intellectual Property: All content on the Website (including text, logos, graphics, product images, and software) is the property of Loungefny or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or display any of this content without prior written permission from Loungefny.
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Officially Licensed Content: Product designs featuring pop culture themes (e.g., characters, logos, imagery from movies, shows, or games) are used under official licenses from third-party IP holders. These designs are the property of their respective owners, and you may not use them for any purpose beyond purchasing and using the products as intended.
6. User-Generated Content (If Applicable)
If the Website allows you to submit user-generated content (e.g., product reviews, comments, or social media posts), you agree that:
- You own or have the right to submit the content, and the content does not infringe on any third party’s intellectual property, privacy, or other rights.
- The content is accurate, respectful, and compliant with these Terms (no hate speech, harassment, obscenity, or unlawful content).
- You grant Loungefny a non-exclusive, worldwide, royalty-free license to use, display, and distribute the content on the Website or in marketing materials (with attribution to you, if applicable).
- Loungefny reserves the right to moderate, edit, or remove user-generated content at any time without notice, particularly if it violates these Terms.
7. Website Availability & Content Accuracy
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Availability: Loungefny strives to keep the Website accessible 24/7, but we do not guarantee uninterrupted access. The Website may be temporarily unavailable for maintenance, updates, or technical issues (with or without prior notice). Loungefny shall not be liable for any loss or inconvenience caused by Website downtime.
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Content Accuracy: We make every effort to ensure Website content (including product details, prices, and shipping information) is accurate and up-to-date. However, errors may occur (e.g., typographical mistakes, stock discrepancies). Loungefny reserves the right to correct errors and update content at any time without notice. We are not liable for any decisions made based on outdated or incorrect content.
8. Links to Third-Party Websites
The Website may contain links to third-party websites (e.g., social media platforms, payment processors, or pop culture IP holders’ sites). These links are provided for convenience only, and Loungefny does not control or endorse the content, privacy policies, or practices of third-party sites. You access third-party websites at your own risk, and Loungefny shall not be liable for any loss or damage arising from your use of such sites.
9. Limitation of Liability
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Disclaimer of Warranties: The Website and its content are provided “as is” and “as available” without any warranties of any kind (express or implied), including warranties of merchantability, fitness for a particular purpose, or non-infringement. Loungefny does not warrant that the Website will be error-free, secure, or uninterrupted.
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Limitation of Liability: To the maximum extent permitted by law, Loungefny shall not be liable for any direct, indirect, incidental, special, or consequential damages (e.g., loss of data, loss of profits, or damage to devices) arising from your access to or use of the Website, even if we have been advised of the possibility of such damages. Our total liability for any claim related to the Website shall not exceed $100 or the total amount you have paid to Loungefny in the past 12 months (whichever is greater).
10. Indemnification
You agree to indemnify, defend, and hold harmless Loungefny, its officers, employees, and licensors from and against any claims, losses, damages, liabilities, and expenses (including attorney fees) arising from:
- Your use of the Website or violation of these Terms.
- Your submission of user-generated content (if applicable).
- Your purchase or use of products from the Website (including any disputes with third parties related to the products).
11. Changes to These Terms
Loungefny may update these Terms of Use from time to time to reflect changes in our business practices, legal requirements, or Website features. When we make changes, we will revise the “Last Updated” date at the top of this page and post the revised Terms on the Website. Your continued access to or use of the Website after the changes take effect constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
12. Governing Law & Dispute Resolution
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Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of laws principles.
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Dispute Resolution: Any dispute arising from or related to these Terms or your use of the Website shall first be resolved through good-faith negotiation by contacting our customer service team at [email protected]. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in New York, New York, in accordance with the rules of the American Arbitration Association. Arbitration awards shall be final and binding on both parties.
13. Contact Us
If you have questions, concerns, or disputes related to these Terms of Use or your use of the Website, please contact our customer service team at
[email protected]. We will make every effort to resolve issues promptly and fairly.
By accessing or using
Loungefny.com, you acknowledge that you have read, understood, and agreed to these Terms of Use.