Terms of Use

Effective Date: 2024-07-29

Welcome to lomare.top! These Terms of Use (“Terms”) govern your access to and use of the website lomare.top (the “Website”), owned and operated by Dani Luke (“we,” “us,” or “our”). By accessing or using our Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Website.

1. Acceptance of Terms

By creating an account, making a purchase, or otherwise using any part of the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, which constitute a legally binding agreement between you and Dani Luke. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

2. User Responsibilities

  • Account Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
  • Lawful Use: You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website.
  • Prohibited Activities: You agree not to engage in any activity that interferes with or disrupts the Website or the servers and networks connected to the Website. This includes, but is not limited to, transmitting any worms, viruses, or any code of a destructive nature.
  • Purchases: You agree that all purchases made through the Website are for your personal use and not for resale unless explicitly agreed otherwise.

3. Product Information and Pricing

We strive to provide accurate product descriptions, images, and pricing information on the Website. However, we do not guarantee that such information is error-free, complete, reliable, current, or free of omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

4. Orders and Payments

All orders placed through the Website are subject to our acceptance. We may refuse or cancel any order for any reason, including limitations on quantities available for purchase, inaccuracies in product or pricing information, or problems identified by our credit and fraud avoidance department. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5. Shipping and Delivery

Shipping and delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events beyond our control. Risk of loss and title for items purchased from lomare.top pass to you upon our delivery to the carrier.

6. Returns and Refunds

Our return and refund policy is outlined separately on the Website. Please review it carefully before making a purchase. By making a purchase, you agree to our return and refund policy.

7. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Dani Luke or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Dani Luke. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, use of the Website, or access to the Website without express written permission from us.

8. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DANI LUKE (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (C) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US FOR THE SERVICES IN THE PAST TWELVE MONTHS.

9. Disclaimer of Warranties

THE WEBSITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

10. Indemnification

You agree to indemnify, defend and hold harmless Dani Luke, its owner, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

11. Governing Law and Dispute Resolution

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in the courts located in Livermore, California, United States.

12. Changes to Terms

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms constitutes acceptance of those changes.

13. Contact Information

Questions about the Terms of Use should be sent to us at:

Company/Owner Name: Dani Luke
Website: lomare.top
Address: 266 South J Street, Livermore, CA, US
Email: [email protected]
Phone: +13422532186