Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Lust Have website, products, and services ("Services"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our application or services, you agree to be bound by these Terms and by our Privacy Policy.

 

USING LUST HAVE

You may use our application or services only if you can form a binding contract with Lust Have, and only in compliance with these Terms and all applicable laws. When you create your Lust Have account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then:

  • "You" includes you and that entity, and;

  • You represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

  • Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Services, and these Terms will apply to such upgrades. 

Our License to You. Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services.

 

YOUR CONTENT

Posting content. Lust Have allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Services is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Lust Have.

How Lust Have and other users can use your content. You grant Lust Have and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute your User Content on Lust Have solely for the purposes of operating, developing, providing, and using the Lust Have Services. Nothing in these Terms shall restrict other legal rights Lust Have may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

How long we will keep your content. Following termination or deactivation of your account, or if you remove any User Content from Lust Have, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Lust Have and its users may retain and continue to use, store, display, reproduce, re-Outfit, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Lust Have.

Feedback you provide. We value hearing from our users, and are always interested in learning about ways we can make Lust Have Better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, LUST HAVE does not waive any rights to use similar or related Feedback previously known to Lust Have, or developed by its employees, or obtained from sources other than you.

 

COPYRIGHT POLICY 

Lust Have has adopted and implemented the Lust Have Copyright Policy in accordance with the Digital Millennium Copyright Act.

 

SECURITY 

While we work to protect the security of your content and account, Lust Have cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

 

THIRD-PARTY LINKS, SITES, AND SERVICES 

Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Lust Have. We do not endorse or assume any responsibility for any such third-party sites, information, materials, services, or services. If you access any third party website, service, or content from Lust Have, you do so at your own risk and you agree that Lust Have will have no liability arising from your use of or access to any third-party website, service, or content.

 

TERMINATION 

Lust Have may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.

 

INDEMNITY

If you use our Services for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Lust Have and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Services, (b) your User Content, or (c) your breach of any of these Terms.

 

DISCLAIMERS

The Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

LUST HAVE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Lust Have takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUST HAVE 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL LUST HAVES AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

 

ARBITRATION

For any dispute you have with Lust Have, you agree to first contact us and attempt to resolve the dispute with us informally. If Lust Have has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in the United States of America without exception. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and each party will be responsible for their reasonable filing, administrative, and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LUST HAVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

GOVERNING LAW AND JURISDICTION 

These Terms shall be governed by the laws of the State of Arkansas, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Washington County, Arkansas or the United States District Court for the Western District of Arkansas, for any actions not subject to Section 10 (Arbitration).

Our Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

 

GENERAL TERMS

Lust Have reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the application and services.

 

ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lust Have without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

ENTIRE AGREEMENT/SEVERABILITY

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Lust Have in connection with the Services, shall constitute the entire agreement between you and Lust Have concerning the Services. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

NO WAIVER

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Lust Have's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

ADDITIONAL POST INFORMATION

Different people may have different opinions on how we should enforce these rules, so we are including a list below. However, these things are rarely black and white—for each Outfit we have to consider the image itself, as well as the surrounding context (like its description or the website the Outfit came from). If there’s a question about whether something’s appropriate for our community, we will err on the side of taking it down.

 

OWNERSHIP

Lust Have is owned and operated by Lust Have, LLC.

 

WHAT YOU CAN NOT POST

As a user, you are not allowed to post anything that:

  • Is sexually explicit or pornographic, exploits or presents minors in a sexual way, or promotes adult sexual services;

  • Creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes, encourages or celebrates harm;

  • Promotes self-harm, eating disorders or hard drug abuse;

  • Attacks, bullies or harasses people, especially nonpublic figures;

  • Includes hate speech of any kind;

  • Promotes or supports terrorism;

  • Is gratuitously violent or gory;

  • Infringes anyone’s intellectual property, privacy or other rights;

  • Is fraudulent or deceptive;

  • Is someone else’s personal information or requests a minor’s personal information;

  • Contains any information or content that’s illegal.

 

WHAT YOU CAN NOT DO.

As a user, you also are not allowed to:

  • Use Lust Have’s name, logo, trademark or branding without our consent (our brand guidelines tell you how to use these things);

  • Access, tamper with or use non-public areas of Lust Have, our systems or our technical providers' systems;

  • Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks;

  • Use any method to access, search, scrape, download or change Lust Have or anything on it (software and tools provided by Lust Have or popular browsers are okay);

  • Submit large amounts of unwanted or repetitive stuff, post unsolicited commercial messages in comments, descriptions, etc., or try to artificially boost votes, comments or other metrics;

  • Use meta tags, hidden text or metadata with our trademark, logo, URL or product name without our written consent;

  • Use Lust Have user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Lust Have to send altered source-identifying information;

  • Try to reverse engineer any of Lust Have’s software;

  • Try to interfere with any Lust Have user, host or network, for example by sending a virus, overloading, spamming or mail-bombing;

  • Collect or store personally identifiable information from Lust Have or its users without their permission;

  • Impersonate or misrepresent your affiliation with any person or entity;

  • Do anything that violates applicable law or regulations;

  • Share your password, let anyone access your account or do anything that might put your account at risk;

  • Sell your username or otherwise transfer it for compensation;

  • Create or show ads that look like or could be confused with Lust Have content;

  • Encourage or help anyone do any of the things on this list.

 

CONTESTS AND PROMOTIONS

Please do not:

  • Suggest that Lust Have sponsors or endorses you or the promotion;

  • Require people to submit from a clothing selection;

  • Encourage spam behavior;

  • Require a minimum number of entries.

 

We may alter or remove anything for any reason, including if we think it goes against any of these rules or our Terms of Service.

Effective Date May 1, 2017