This document and the other documents that we reference below make up our our Legal Policies (“Terms” for short). These can also be found on our Legal page.
The Terms are a legally binding contract between you and Lust Have, LLC (“Lust Have” for short).
Please note that Section 11. Disputes with Lust Have, contains an arbitration clause and class action waiver. By agreeing to our 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 arbitration, or representative actions.
This contract sets out your rights and responsibilities when you use lusthavefashion.com, our mobile apps, and the other services provided by Lust Have (“Services” for short), so please read it carefully. By using any of our Services (even simply browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you do not have our permission to use our Services.
2. Legal Policies
Lust Have’s Services connect people around the world, both online and offline, to make, sell, and purchase goods. Here’s a guide to help you understand the specific rules that are relevant for you, depending on how you use the Services. If you use any of our Services, you agree to all terms on our Legal Page.
Seller Policy. If you list any items for sale through our Services, these policies apply to you.
Buyer Policy. If you use our Services to browse or shop, these policies apply to you.
All of these policies are a part of our Terms, so be sure to read and understand those that are relevant to you.
Both Lust Have and vendors process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Lust Have, will be responsible for that unauthorized disclosure.
If, however, Lust Have and sellers are found to be joint data controllers of buyers’ personal information, and if Lust Have is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Lust Have for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification below for more information about your indemnification obligations to Lust Have.
4. Your Account
You’ll need to create an account with Lust Have to use some of our Services. Here are a few rules about accounts with us:
A. You must be 18 or older to use our Services. Otherwise, if you are 16 or older, you may only use our Services under the supervision of a parent or legal guardian who manages your account. Children under 13 are not permitted to use Lust Have or the Services.
B. Provide accurate information. It is not permitted to use false information or impersonate another individual or company through your account.
C. Choose an appropriate name. If you decide to not have your full name or the legal name of your company serve as the name associated with your account, you may not use language that is offensive, vulgar, or infringes on someone’s intellectual property rights, or otherwise violates the Terms.
D. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. You are solely responsible for any and all activity on your account, so it’s important to keep your account password secure.
F. Your relationship with us. These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Lust Have.
5. Your Content
Content that you post using our Services is your content ( “Your Content” for short). We do not make any claim to it. This includes anything you post using our Services (shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. Responsibility for Your Content. You understand and agree that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant Lust Have a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Lust Have function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
C. Rights You Grant Lust Have. By posting Your Content, you grant Lust Have a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Lust Have, your Lust Have shop, or the Services in general, in any formats and through any channels, including across any Lust Have Services or third-party website or advertising medium.
For example: if you upload a photo of a listing on your Lust Have shop, first, we have permission to display it to buyers, and we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into other languages; and if you post a photo of a product, we can feature it on our homepage, in one of our blogs, or even an advertisement to help promote your business and Lust Have.
D. Reporting Unauthorized Content. Lust Have has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from our Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us immediately using our Contact Page. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
- A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; it is your responsibility to report and maintain record of your sales tax responsibilities; you may not sell anything that violates any laws; and don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Lust Have, another Lust Have user, or a third party.
- B. Pay Your Bills. You are responsible for paying all fees that you owe to Lust Have. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.
C. Do not Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services under any circumstances.
- D. Do not Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- E. Follow Our Trademark Policy. The names “Lust Have” and "Lust Have Fashion," and the other Lust Have marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Lust Have in the US and other countries. If you’d like to use our assets, please follow our Assets Policy.
- F. Share Your Ideas. Any unsolicited ideas or other materials you submit to Lust Have (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- G. Talk to Us Online. We can send you information electronically (by email, etc.) instead of mailing you paper copies, and that your electronic agreement is the same as your signature on paper.
Termination By You. You may terminate your account with Lust Have at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You will still be responsible for paying any and all outstanding bills.
Termination By Lust Have. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Lust Have may refuse service to anyone, at any time, for any reason, and without provision of notice.
If you or Lust Have terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. Lust Have reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability
Items You Purchase. You understand that Lust Have does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Lust Have cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Lust Have from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Lust Have is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Promotions. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
Warranties. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither Lust Have, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Lust Have’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Lust Have in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
If Lust Have gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Lust Have (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another user of Lust Have’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. Lust Have will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Lust Have has no obligation to resolve any disputes.
Release of Lust Have. You release Lust Have from any claims, demands, and damages arising out of disputes with other users or parties.
11. Disputes with Lust Have
These rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the State of Arkansas, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B. Arbitration. You and Lust Have agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis--class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Lust Have are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $1,000, Lust Have will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
D. Forum. We’re based in Fayetteville, Arkansas, so any legal action against Lust Have related to our Services must be filed and take place in Fayetteville, AR. That means the seat of any arbitration shall be Fayetteville, AR. For any actions not subject to arbitration, you (where your contract is with Lust Have, LLC) and Lust Have agree to submit to the personal jurisdiction of a state court located in Washington County, Arkansas.
E. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Arkansas.
F. Modifications. If you do not agree to any updates or modifications to the terms, you may close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Lust Have in accordance with the provisions of these terms as of the date you last used our Services, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
12. Changes to the Terms
We may make modifications to any and all terms at any time without notice to you. It is your responsibility to stay up-to-date with these policies which can always be found in our legal section. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Additional Notes
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Lust Have regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
14. Contact Information
If you have any questions about the Terms, please contact us using our Contact Page.
Last updated: December 30, 2017